Summary: We cannot investigate Miss X’s complaint about the accuracy and content of a social work report because the matter was before a court, and the law says we cannot investigate.

The complaint

1. Miss X complained about the accuracy of a social work report for court. Miss X said the report contained inaccurate and incomplete information. Miss X said the matter caused her distress and uncertainty.

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

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My assessment

6. As part of private law proceedings involving children, the court may ask the Council to produce a section 7 report. The court will then consider the report as part of its decision making.
7. Because section 7 report forms part of court proceedings, we have no jurisdiction to investigate their preparation or content.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman