The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint concerning the Council’s involvement in a report considered in the Family Court. This is because the issues Miss X raises cannot be separated from the matters decided in court.
The complaint
Ms X complains about the actions of Council staff in connection with her child custody case.
She says staff have made assumptions about her in a report for the court which has unfairly favoured her child’s father.
She reports that her child’s father has been granted temporary custody by the court. She remains deeply concerned about the professionalism of the officers involved in her child’s case.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
As part of private law proceedings involving children, the court may ask the Council to produce a section 7 or 37 report. The court will then consider the report as part of its decision making.
Because section 7 and 37 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.
We cannot separately investigate council officer actions without considering their consequences. In this case, all the effect of the Council’s actions are in the court proceedings, reports and evidence.
Investigator's decision on behalf of the Ombudsman