The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a report the Council produced for Court proceedings. We cannot investigate Court proceedings.
The complaint
The complainant, whom I shall call Mr X, complains about the Council’s children services team’s report and the way it replied to his complaint.
The Ombudsman’s role and powers
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) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council chose the wrong officer to complete a Children Act section seven report. He says the report is wrong and unfair.
As part of private law proceedings involving children, the court may ask the Council to produce a section seven report. The court will then consider the report as part of its decision making.
Because section seven reports form part of court proceedings, we cannot investigate their preparation or content.
We cannot investigate how the Council replied to Mr X’s complaint because we cannot investigate the complaint itself.
Final decision
We will not investigate Mr X’s complaint because the report he complains of is part of Court proceedings.
Investigator's decision on behalf of the Ombudsman