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. Ms X complains about the Council’s actions in its preparation of a section 7 report. Ms X complains about poor communication, the conduct of a social worker and that inaccurate information was provided in court.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Ms 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 power to investigate any matters related to its content or preparation.
7. We cannot reasonably separate matters, such as poor communication or the conduct of social workers, from the related court proceedings. 
8. 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)). We will therefore not investigate the Council’s complaint-handling in isolation.

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Final decision

9. We will not investigate Ms X’s complaint because the law prevents us from investigating matters that have been subject to court proceedings

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Investigator's decision on behalf of the Ombudsman