Summary: We cannot investigate this complaint about court reports because we cannot investigate a complaint about what happened in court.

The complaint

1. Mr Y has complained of bias and discriminatory treatment in Section 7 and Section 37 reports and Child and Family Assessments. Mr Y says he has been emotionally impacted and his contact with his children has been affected.

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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)
4. 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

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. Section 7 and Section 37 reports are presented as part of court proceedings under the Children Act 1989. The reports therefore form part of the court’s consideration of the case.
7. Any contact arrangements and reports for the court have been part of legal proceedings so we do not have the power to investigate these matters. We will not investigate.

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Final decision

8. We cannot investigate Mr Y’s complaint because we cannot investigate a complaint about what happened in court.

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Investigator's decision on behalf of the Ombudsman