Summary: We cannot investigate this complaint about the content of a report the Council produced for family court proceedings. The law says we cannot investigate what happens in court.

The complaint

1. Mr X complained the Council did not include important information he provided in a Section 37 court report. He said this meant the Council’s report was biased towards the children’s other parent. He wanted the Council to reissue the report with his evidence included.

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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. This includes the content of any report the Council writes as part of the proceedings.
6. A Section 37 report is produced specifically for family court proceedings. We have no power in law to investigate the Council’s report. It is open to Mr X to tell the courts about his concerns.

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Final decision

7. We cannot investigate Mr X’s complaint because the law prevents us from investigating what happens as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman