Summary: We will not investigate the Council’s responses to Mr X’s complaint about staff working with his family. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider matters in connection with reports used in court proceedings. And there is no evidence of a significant injustice arising from fault to warrant investigation in the remaining matters.

The complaint

1. Mr X complains about matters arising from the Council’s involvement with his family while he is involved in private law proceedings in the Family Court.
2. In summary, Mr X says the Council’s ‘section 7’ report for court was biased, staff failed to pass on letters to his child efficiently, there was a breach of confidentiality, and he wants to deal with a different social worker who has expertise in his child’s medical condition. He says he has suffered emotional turmoil and stress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We cannot investigate a complaint when court action has started or about 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

6. I considered information provided by the complainant which includes the Council’s responses.
7. I considered the Ombudsman’s Assessment Code.

My assessment

8. A section 7 report is often referred to as a welfare report. These are produced in private law child arrangement proceedings. A Family Court can order a Council to provide the section 7 report. Typically, the Court does so when the council’s Children Services Team is already involved in some way with the family. These reports are an essential tool for the Court to use in its decision about the child arrangements (formally called residence and contact orders). 
9. The Council’s responses to Mr X refer his ongoing court action to decide contact and care arrangements for his children. And that the Council was asked to provide a report for the family court in this context.
10. The Council advises Mr X it cannot consider any of his concerns about reports used in court proceedings. It also says passing letters to his child is a matter that can be addressed in Mr X’s legal action.
11. The Council admits it released a third party’s address to Mr X in error. It has apologized to both Mr X and the third party. But it finds this does not represent a technical data breach. This is because Mr X was already aware of the third party’s address which the third party has confirmed to the Council.
12. With respect to Mr X’s request for information and records concerning his child, the Council says it will write to a GP to confirm Mr X is entitled to information. It says it will provide its own records about the child in question after it removes third party information.
13. However, the Council refuses to accede to Mr X’s request to change the social worker. It says the officer is experienced in dealing with the medical conditions identified.
14. We will not investigate. The issues relating to the report and passing on letters to his child lie outside our jurisdiction due to the court proceedings. Mr X’s remedy lies in court.
15. As for the remaining matters, as the Council has apologized for sending Mr X a third party’s address and provided sufficient explanations and reasoning on the other matters, we will not investigate. This is because there is no evidence of a significant injustice arising from fault to warrant an investigation.

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Final decision

16. We will not investigate Mr X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of a significant injustice arising from fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman