Summary: We cannot investigate Mr X’s complaint about the contents of a report produced by the Council’s children’s services. The report was ordered by and considered in court, and the law prevents us from investigating complaints about what happened in court.

The complaint

1. Mr X complains about the contents of a Section 37 report which was ordered by the courts and presented during court proceedings.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I cannot investigate Mr X’s complaint because the law prevents the Ombudsman from investigating complaints about what happens in court. The report Mr X complains about was ordered by the court and considered during court proceedings.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because the law prevents us from investigating complaints about what happened in court.

Back to top

Investigator's decision on behalf of the Ombudsman