Summary: We cannot investigate this complaint that the Council was at fault in preparing a report for a court. By law, we cannot consider the content or preparation of court reports.

The complaint

1. The complainant, Mr X, complains about the content and preparation of a report produced by the Council in the course of private legal proceedings.

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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. Mr X’s complaint concerns a report completed under section 37 of the Children Act 1989. He complains that both the content and the processes by which the report was prepared were flawed.
7. As part of private law proceedings involving children, the court may ask the Council to produce a section 37 report. The court will then consider the report as part of its decision making. Because section 37 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.

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Final decision

8. We cannot investigate Mr X’s complaint because it concerns a report prepared for a court.

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Investigator's decision on behalf of the Ombudsman