Summary: We will not investigate this complaint about the contents of a Section 7 report because it concerns matters that either were or could have been discussed in court. Other bodies are better placed to consider other elements of this complaint.

The complaint

1. Mr X complains about the contents of a Section 7 report that the Council produced to the courts. Mr X says the report contains inaccurate information and that the Council if failing to provide evidence to him that support claims within the report. Mr X also says the Council has committed a data breach and complains about the conduct of the Social Worker who completed the report.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Under Section 7 of the Children Act 1989, a court may ask a council to provide a report about the welfare of any child who is the subject of court proceedings.
9. The law prevents the Ombudsman from considering what happens in court. A Section 7 report is produced at the request of a court and for use in court. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.
10. The Section 7 report Mr X is unhappy with has been discussed in court. Mr X had the opportunity to challenge the content of the report during the hearing. It is not something we can consider. We cannot say the report should be changed.
11. It is open to Mr X to contact Social Work England as the relevant regulatory body if he wants to pursue a complaint about the social worker’s professional conduct.
12. It is also open for Mr X to contact the Information Commissioner if he fees the Council are withholding information from him that he is entitled to see or if he feels the Council has committed a data breach.

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Final decision

13. We will not investigate Mr X’s complaint because the Section 7 report has either been, or could have been discussed in court and other bodies are better placed to consider other matters.

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Investigator's decision on behalf of the Ombudsman