Summary: We cannot investigate Miss X’s complaint about the contents of a Section 7 report. The law prevents us from investigating matters that are subject to court proceedings. And an investigation into a social worker’s actions would not lead to a different outcome.

The complaint

1. Miss X complains about the contents of a Section 7 report and that a Council social worker did not properly supervise contact arrangements.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Miss X’s complaint that a Section 7 report shared private information that put her at risk. A Section 7 report is produced at the request and for use in court. The law does not allow us to investigate matters that have formed part of court proceedings This includes the preparation, collation and analysis of evidence by social workers for court proceedings.
7. Miss X complains a social worker left the children unsupervised during family contact time. The Council has reviewed the event, confirmed no harm came to any child, apologised and reviewed training for supervising family time. This is a proportionate response, so an investigation would not lead to a different outcome.

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Final decision

8. We cannot investigate Miss X’s complaint. The law prevents us from looking into matters already dealt with by the Court and an investigation would not lead to a different outcome on other matters.

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Investigator's decision on behalf of the Ombudsman