Summary: We cannot investigate this complaint about the content of court ordered reports written by the Council. The law prevents us from investigating what happens in court.

The complaint

1. Mr X complained about the content of Section 37 reports produced by the Council and discussed in court during childcare proceedings. He says the reports were inaccurate and is unhappy with the contact arrangements with his child.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. We will not start an investigation into Mr X’s complaint. The law prevents us from investigating what happened in court or investigating reports prepared at the request of a court. Mr X disagrees with the content of the report, but it has been discussed in court. It is not something we can consider, and we have no discretion in this matter. We could not separate the actions of the Council’s officers from the content of the report. If Mr X wants to challenge the contact arrangements with his child then he needs to return to court.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint because the law prevents us from investigating matters that have been considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman