London Borough of Wandsworth (24 007 334)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 13 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the accuracy of reports written by a council social worker. We cannot consider complaints about matters discussed in court or which could be raised in court.
The complaint
- Mr X complained about reports written by a council social worker including a Section 7 report. Mr X says the social worker provided incorrect information to the Court. Mr X wants the information amending.
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)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- We will not start an investigation into Mr X’s complaint.
- The law prevents the Ombudsman from considering what happens in court. A Section 7 report is produced at the request of a court and for use in court. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.
- The report Mr X is unhappy with has been discussed in court. Mr X had the opportunity to challenge the content of the report during the hearing. It is not something we can consider. If Mr X wants to challenge the report and the contact arrangements for his child, then he needs to return to court. That is the correct course of action and so we will not investigate.
Final decision
- We will not investigate Ms X’s complaint because we cannot consider complaints about matters that were decided in court, or which could be raised in court.
Investigator's decision on behalf of the Ombudsman