Summary: We will not investigate Miss X’s complaints about the Council's handling of a report used in court. 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 reports used in court. And there is no evidence of fault in the Councill’s decision not to investigate her complaint about a matter decided in court.

The complaint

1. In short, Miss X complains about the contents of a ‘section 7’ report written by the Council and used in court.
2. Miss X says the report is inaccurate and unfair to her. Miss X also says the Council has failed to respond to her complaint about this matter.

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The Ombudsman’s role and powers

3. 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 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)
5. 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)

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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. We will not investigate. We cannot intervene in court proceedings or investigate reports prepared for the court. Miss X’s remedy lies in court.
10. As for the lack of response to her complaint, the Council’s complaints procedure explains that it cannot accept court matters as a complaint. So, the lack of response to Miss X’s complaint is not evidence of fault.

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Final decision

11. We will not investigate Miss X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider reports used in court. And there is no evidence of fault by the Council not investigating her complaint about the same matters.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman