Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s child’s case. The complaint is about a Section 7 court report, which the law prevents us investigating, and related matters that are not separable from the court proceedings.

The complaint

1. Mr X complained about the Council’s involvement in his child’s case from early 2023 and its Section 7 court report of late 2023. He said the Council recommended that contact between him and his child stopped, leading to loss of his child’s relationship with their father’s side of the family. He did not agree with the Council’s view this was in his child’s best interests and said the matter has caused significant distress. He wanted the Council to make service improvements to assess family circumstances impartially.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law prevents us from investigating matters that have been considered in court. We have no power to investigate the Council’s report to court. We cannot consider the substance of this report and what the Council recommended as being in the child’s best interests.
6. Part of Mr X’s complaint is about the Council’s actions prior to its court report, when it initially responded to a safeguarding referral. Key information from this would have been included in the Council’s report to court, as it was relevant to the court’s decision about the child’s welfare. Therefore, events prior to the proceedings are not separable from the court process, and we cannot consider them. Mr X had the opportunity to raise any concerns about the Council’s recommendations as part of the court process.
7. We cannot interfere in court decisions, and we cannot decide Mr X should have contact with his child again. Only the courts can decide such matters. It is open to Mr X to seek legal advice and refer the matter back to the courts should he believe the courts came to the wrong decision.

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Final decision

8. We will not investigate Mr X’s complaint because it is about matters that have been considered and decided in court.

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Investigator's decision on behalf of the Ombudsman