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

The complaint

1. Mr Y complained the Council’s social worker wrote incorrect information and failed to include other information that he believes is vital within a report for the court relating to a breach of a child arrangement order by his child’s other parent.
2. Mr Y says he feels discriminated against and the contents of the report will have helped to wrongly influence the court in his case as the information provided will not reflect the true situation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

7. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. Section 37 reports, such as that Mr Y has complained about, 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.
8. 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 cannot investigate.
9. Further, as the court hearing in which the reports Mr Y has complained about are being presented have now happened, in September 2025, it is reasonable to have expected Mr Y to raise his views about the contents of the report with the court. Consequently, we will not investigate this complaint.

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Final decision

10. We will not 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