The Ombudsman's final decision
Summary: We will not investigate this complaint about a section 7 report. This is because the law prevents us from considering what happens in court.
The complaint
Mr X complained about the contents of a section 7 report. He states it was one-sided and gave an unfair advantage in the court proceedings.
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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A Section 7 report is produced at the request of a court and for use in court. The law prevents the Ombudsman from considering complaints about matters already discussed in court or which could reasonably be raised in court during the proceedings.
We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.
Final decision
We will not investigate Mr X’s complaint because the law prevents us from considering what happens in court.
Investigator's decision on behalf of the Ombudsman