The Ombudsman's final decision
Summary: We cannot investigate the Council’s response to Ms X’s complaint about the contents of a report written by Council staff. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider matters in connection with reports used in court proceedings.
The complaint
In summary, Ms X complains, on behalf of Ms Y, that the Council’s ‘section 7’ report for court was biased and unfair to Ms Y.
Ms X says crucial information is missing about Ms Y’s medical conditions and the family context.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate a complaint once court action has started or about 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 which includes the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
A section 7 report is often referred to as a welfare report. These are produced in private law child arrangement proceedings. A Family Court can order a Council to provide the section 7 report. These reports are an essential tool for the Court to use in its decision about the child arrangements (formally called residence and contact orders).
We cannot investigate. The issues relating to the report lie outside our jurisdiction due to the court proceedings. Ms X’s remedy lies in court.
Final decision
We cannot investigate Ms X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate complaints in connection with court matters.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman