Summary: We cannot investigate Miss X’s complaint about the content of a court report or the process by which the report was made because a court instructed the Council to make the report, and the law says we cannot investigate.

The complaint

1. Miss X complains about the Council’s section 7 report for court including the process by which it was made. Miss X said the matter caused her uncertainty.

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

Back to top

My assessment

6. As part of private law proceedings involving children, a 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 the section 7 report forms part of court proceedings, we have no jurisdiction to investigate its preparation or content.
7. Consequently, we cannot investigate Miss X’s complaint because the law says we cannot.

Back to top

Final decision

8. We cannot investigate Miss X’s complaint because the matter was before a court, and the law says we cannot investigate.

Back to top

Investigator's decision on behalf of the Ombudsman