The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of and opinions of the Council’s social workers in relation to the complainants family. This is because the matter has been subject to court proceedings.
The complaint
The complainant, who I will call Mr X, complains that the Council delayed complying with a court order to advise what support would be given to his child and subsequently provided inaccurate information in a Section 7 report to the courts. Mr X says the Council’s actions have impacted his contact with his child, caused him distress and impacted him financially.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint. This is because the issues he has raised have been subject to court proceedings. Section 7 reports ordered by the Court to provide information on the children’s welfare are the property of the Court and matters, including the Council’s input into their production and content, fall outside our jurisdiction by law. This restriction also applies to other information requested by the courts such as what support will be put in place for Mr X’s child.
Final decision
We will not investigate Mr X’s complaint because the matter has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman