Summary: We cannot investigate this complaint because it concerns a report produced for the Family Court. The law prevents us from considering the content or preparation of court reports.

The complaint

1. The complainant, Mr X, complains that the Council was at fault in the production of a report for the Family Court.

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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. 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. Mr X’s children have been the subject of private law proceedings, in the course of which the court instructed the Council to produce a report under section 37 of the Children Act 1989. Mr X complains that both the content and the process by which the report was prepared were flawed. He says the court has requested a further report, and complains that the Council has appointed the same social worker to complete it.
6. The Ombudsman cannot investigate Mr X’s complaint because it concerns a section 37 report. Because section 37 reports form part of court proceedings, by law we have no jurisdiction to investigate their preparation or content.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman