Summary: We cannot investigate Miss X’s complaints about the preparation and content of a section 7 report because the matter is before a court and the law says we cannot investigate. We will not investigate Miss X’s complaint about the Council’s complaints process because the primary matter is outside our jurisdiction.

The complaint

1. Miss X complained about the Council’s:
1. section 7 report written for court;
2. conduct during court proceedings and compliance with court directions; and
3. decision not to investigate her complaint.
2. Miss X said the matter caused her frustration and distress.

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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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. As part of private law proceedings involving children, a court may ask the Council to produce a section 7 report. This is to determine where and with whom a child shall live. The court will then consider the report as part of its decision making.
9. Because section 7 report forms part of court proceedings, the law says we have no jurisdiction to investigate its preparation or content. Consequently, we cannot investigate Miss X’s complaints about the section 7 report including the Council’s conduct or compliance with court directions relating to the report.
10. We will not investigate how the Council considered Miss X’s complaint because the primary matters are outside our jurisdiction.

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Final decision

11. We cannot investigate most of Miss X’s complaint because of the involvement of a court. We will not investigate the remainder because we cannot consider the substantive.

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Investigator's decision on behalf of the Ombudsman