Summary: We cannot investigate this complaint about the actions of the Council’s children’s services during private court proceedings. The law prevents us from investigating what happened in court.

The complaint

1. Mr X complains about the actions of the Council’s children’s services during private court proceedings concerning his children. Mr X says the Council caused delay to the proceedings by changing social workers, not completing correct reports on time and failing to meet with Mr X and the children as directed by the courts.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s children were subject to private court proceedings during which the Council were asked to complete a Section 37 report.
7. I cannot investigate Mr X’s complaint. The law prevents us from investigating complaints about what happens in court. This includes the content and preparation of Section 37 reports compiled by councils and the conduct of councils during court proceedings. I therefore have no power to investigate any of the issues raised by Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because the law prevents us from investigating what happened in court.

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Investigator's decision on behalf of the Ombudsman