The Ombudsman's final decision
Summary: We cannot investigate this complaint about a report the Council presented to a court. The law prevents us from investigating matters that have been subject to court proceedings.
The complaint
Miss X complains about the contents of a section 7 report the Council presented to the court and about the conduct of the social worker who wrote the report.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Miss X’s complaint about the section 7 report the Council presented to the courts. A section 7 court report forms part of court proceedings. We have no jurisdiction to investigate any matters related to its content or preparation.
Miss X has also complained about the conduct of the social worker who wrote the section 7 report. Our role is to look into the Council’s actions as a corporate body, rather than to investigate any individual. If Miss X has concerns about the conduct of a social worker, she can report her concerns to their professional body, Social Work England. We will not investigate.
Final decision
We cannot investigate Miss X’s complaint because it concerns matters that have been considered in court.
Investigator's decision on behalf of the Ombudsman