Summary: We cannot investigate Mr X’s complaint about a social worker’s actions in relation to a section 7 court report. We have no jurisdiction to investigate matters subject to court proceedings.

The complaint

1. Mr X complains about a Council social worker’s actions in relation to the preparation of a section 7 court report as part of ongoing proceedings. He also complains about the content of the social worker’s report.
2. Mr X is also unhappy with the Council’s handling of the matter.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. I cannot investigate Mr X’s complaint. A section 7 court report forms part of court proceedings, therefore we have no jurisdiction to investigate any matters related to its preparation or content.
8. It would not be a good use of public money to investigate the Council’s handling of the matter when I cannot investigate the substantive part of Mr X’s complaint.

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Final decision

9. We cannot investigate Mr X’s complaint because it forms part of ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman