The complaint
Ms X complained about the Council’s Section 37 report to court. Ms X says the Council did not provide her with reasonable adjustments, follow the law, or provide her with a copy of reports before submission. Ms X also complained about the Social Worker allocated to 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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s child was subject to court proceedings. As part of these proceedings, the court asked the Council to complete investigations into the child’s situation and to write up a report. This is known as a Section 37 report, and the purpose of this report is to help the court decide what actions are best for the child.
Ms X’s complaints all relate to this report, including how the Council gathered information about her child and about the information included in the report.
The law prevents us investigating what happens in court, which includes council’s recommendations to court about a child's welfare. We cannot come to decisions on the Council's assessment and its report to court, nor can we investigate its decision to begin care proceedings. We do not have the power to change the court's decision about what is in the child's best interests.
I will not investigate Ms X’s complaint because it is about matters before the court or matters Ms X could reasonably raise as part of the proceedings.
Final decision
We cannot investigate Ms X’s complaint because the matters Ms X raises are subject to court proceedings.
Investigator's decision on behalf of the Ombudsman