Summary: We cannot investigate Miss X’s complaint about the content of the Council’s social care report for court because the law says we cannot investigate matters considered by a court.

The complaint

1. Miss X complained about the content of the Council’s social care report for court written in 2021. Miss X said the matter caused her distress and frustration.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Miss X’s complaint about the content of a section 37 report written by the Council in 2021.
7. This is because the law says we cannot investigate matters considered during court proceedings. This includes the preparation, creation, and content of a social worker’s report for the courts. Consequently, we cannot investigate Miss X’s complaint.

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Final decision

8. We cannot investigate Miss X’s complaint because the matter complained about was considered by a court.

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Investigator's decision on behalf of the Ombudsman