The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaints about the preparation and content of a section 7 report because the matter was before a court and the law says we cannot investigate. We will not investigate Mr X’s complaint about the Council’s complaints process because the primary matter is outside our jurisdiction.
The complaint
Mr X complained about the Council’s: section 7 report created for court; social worker and their conduct; and decision to consider his complaint via its corporate, rather than the children’s statutory, complaints process.
Mr X said the matter caused him frustration and distress.
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) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
As part of private law proceedings involving children, a court may ask the Council to produce a section 7 report. This is to determine where and with whom a child shall live. The court will then consider the report as part of its decision making.
Because section 7 report forms part of court proceedings, the law says we have no jurisdiction to investigate its preparation or content. Consequently, we cannot investigate Mr X’s complaints about the section 7 report including the conduct of the social worker when assessing him.
We will not investigate how the Council considered Mr X’s complaints because the primary matters are outside our jurisdiction.
Final decision
We cannot investigate most of Mr X’s complaint because of the involvement of a court. We will not investigate the remainder because we cannot consider the substantive.
Investigator's decision on behalf of the Ombudsman