The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaints about the Council's involvement in a report used in court. 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 court reports.
The complaint
In summary, Miss X complains about the contents of a ‘section 7’ report written by the Council and used in court.
Miss X says the report is inaccurate and has resulted in her children being taken away.
The Ombudsman’s role and powers
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 when 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 responses.
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. Typically, the Court does so when the council’s Children Services Team is already involved in some way with the family. 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 will not investigate. We cannot intervene in court proceedings or investigate reports prepared for the court. Miss X’s remedy lies in court.
Final decision
We will not investigate Miss X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider reports used in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman