Summary: We cannot investigate this complaint about a report the Council presented to a court. The law prevents us from investigating matters that have been subject to court proceedings.

The complaint

1. Miss X complains about the contents of a section 7 report the Council presented to the court and about the conduct of the social worker who wrote the report.

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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. I cannot investigate Miss X’s complaint about the section 7 report the Council presented to the courts. A section 7 court report forms part of court proceedings. We have no jurisdiction to investigate any matters related to its content or preparation.
7. Miss X has also complained about the conduct of the social worker who wrote the section 7 report. Our role is to look into the Council’s actions as a corporate body, rather than to investigate any individual. If Miss X has concerns about the conduct of a social worker, she can report her concerns to their professional body, Social Work England. We will not investigate.

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Final decision

8. We cannot investigate Miss X’s complaint because it concerns matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman