The Ombudsman's final decision
Summary: We will not investigate this complaint about a report the Council presented to a court. The law prevents us from investigating matters that have been subjected to court proceedings.
The complaint
Ms X complains about the contents of a section 7 report presented to the court. Ms X also complains that meetings were cancelled and she is unhappy with the conduct of social workers.
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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms 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 power to investigate any matters related to its content or preparation.
We cannot reasonably separate other matters, such the Council cancelling meetings and the conduct of social workers, from the related court proceedings. An investigation would unlikely achieve anything different, even if we could separate them.
Final decision
We will not investigate this complaint about a report the Council presented to a court. The law prevents us from investigating matters that have been part of, or closely related to court proceedings.
Investigator's decision on behalf of the Ombudsman