The Ombudsman's final decision
Summary: We cannot investigate this complaint about matters related to a report that the Council provided during court proceedings. This is because the law prevents us from investigating what happens in court.
The complaint
Mr X complains about a Section 7 report that the Council provided during court proceedings to determine the care arrangements for his child. Mr X says the report was inadequate, biased and contained inaccurate information.
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
I cannot investigate Mr X’s complaint. A Section 7 court report forms part of court proceedings. We have no jurisdiction to investigate any matters related to its preparation or content.
Final decision
We cannot investigate Mr X’s complaint because the law prevents us from investigating what happens in court.
Investigator's decision on behalf of the Ombudsman