Summary: We cannot investigate this complaint about the content of a court report and the way Social Services handled an investigation into his children’s welfare. This is because the law prevents us from investigating matters that have been considered in court, or any matter closely linked.

The complaint

1. Mr X says there were inaccuracies in a section 7 (s7) report considered in court. He also says the Council has failed to adequately respond to his concerns about his children’s welfare. He wants the Council to consider his concerns and wants a refund for solicitor fees.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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) 
4. 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)) 

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How I considered this complaint

5. I considered information provided by the complainant and the Council’s responses.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council included inaccurate information in a s7 report considered in court. I understand Mr X presented his argument during those proceedings. We cannot consider the content of the Council’s report or its actions while gathering information for that report, as we are legally prevented from doing so. We will therefore not investigate this part of his complaint.
8. Mr X also says the Council has failed to consider his concerns for his children’s welfare. However, these matters were raised as part of court proceedings so, for the same reasons above, we cannot investigate. Mr X should raise any concerns he has about the welfare of his children in court.

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Final decision

9. We will not investigate Mr X’s complaint because the matters were considered in Court.

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Investigator's decision on behalf of the Ombudsman