Summary: We will not investigate Mr X’s complaint about a social worker’s court report and recommendations to the judge in family court proceedings because it lies outside our jurisdiction. The law prevents us from investigating matters that are being, or have been, considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Mr X, complains about a social worker’s court ordered report and recommendations to the judge in family court proceedings. This relates to an allegation of domestic abuse against the mother of his children. Mr X says the social worker was corrupt, biased and ignored abuse because the allegation related to an ex-colleague.

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The Ombudsman’s role and powers

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about a social worker’s section 7 court report and recommendations to the court. Mr X says the social worker showed bias and failed to carry out a fair and balanced assessment.
8. The Council told Mr X it would not consider his complaint via its complaints procedure. This is because his complaint was essentially a challenge to a court ordered report. It told Mr X he should raise his concerns with the report to the court during the ongoing court proceedings. It also advised Mr X to seek advice from his legal representative on this.
9. The Ombudsman cannot consider the contents of reports which are considered in court proceedings.

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Final decision

10. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from considering matters that are being, or have been, considered in court proceedings. We have no discretion to do so. This restriction also applies to court reports.

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Investigator's decision on behalf of the Ombudsman