Summary: We cannot investigate this complaint about the actions of a children’s social worker while completing a Section 7 court report. The law prohibits us from investigating what happens in court.

The complaint

1. Miss X complained the Council’s social worker was unprofessional and insufficiently trained to deal with their case. Miss X said this caused her distress and affected court proceedings. She said the social worker’s Section 7 report dismissed her safety concerns and wrongly recommended contact between her child and their other parent. She wanted the Council to make service improvements and provide staff training.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law prevents us from investigating what happens in court. We have no power to investigate the content of a council’s Section 7 report. This is a report specifically requested by the family courts during private proceedings to advise them on a child’s welfare.
6. Miss X’s complaints about the social worker’s actions when compiling their report are not separable from the proceedings themselves. It was open to Miss X to raise all concerns as part of the proceedings.

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Investigator's decision on behalf of the Ombudsman