The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council has dealt with a complaint about a report it produced for the courts. This is because the matter is subject to court proceedings.
The complaint
Mr X complained to the Council about a Section 37 report the Council wrote for the courts concerning Mr X’s child. Mr X asked the Ombudsman to intervene after the Council delayed considering his complaint about the matter.
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
Mr X’s child is 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.
I cannot investigate Mr X’s complaint. 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 and nor can we investigate how the Council has dealt with Mr X’s complaints about these matters.
Final decision
We will not investigate Mr X’s complaint because it concerns matters that are subject to court proceedings.
Investigator's decision on behalf of the Ombudsman