Summary: We cannot investigate this complaint about a report by social workers for court. A permanent legal bar prevents us from investigating this matter.

The complaint

1. Mr Y complained about a court report written by social workers. Mr Y says the report was biased against him.
2. Mr Y says this resulted in the court reducing his contact time with his children and has affected his relationship with them.

Back to top

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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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))
6. As part of private law proceedings involving children, the court may ask the Council to produce a section 7 report. The court will then consider the report as part of its decision making. Because section 7 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.

Back to top

How I considered this complaint

7. I considered information provided by Mr Y.
8. I considered the Ombudsman’s Assessment Code.

Back to top

Investigator's decision on behalf of the Ombudsman