The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the actions of a Council social worker and a section 7 report ordered by the court with respect to welfare of the complainant’s children. This is because the issues are subject to legal proceedings in court.
The complaint
The complainant (Ms Z) complains about the actions of a Council social worker who completed a report ordered by the court in private childcare proceedings. She says the report is inaccurate and the Council failed to assign an experienced social worker who has acted in an a biased manner and to ensure that the process is fair, justified and lawful.
In summary, Ms Z says the actions of the Council have devastated her family and caused extreme trauma. As a desired outcome, Ms Z wants the Council to conduct a full investigation into the conduct and actions of social worker.
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).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
In private care proceedings, the court can order the Council to provide court reports. Mr P’s complaint concerns a section 7 report which is often referred to as a welfare report. The Court orders that someone produce a report on the welfare of the child. To do so they have to refer to ‘the welfare checklist’ which is set out in section 1(3) Children Act 1989. As a court has ordered the section 7 report, its preparation and content is outside our jurisdiction under schedule 5(1) of the Local Government Act 1974.
Final decision
We cannot by law investigate this complaint because the issues are subject to legal proceedings in court.
Investigator's decision on behalf of the Ombudsman