Summary: We will not investigate Mr X’s complaint about the Council’s refusal to address his complaint, because the Council has agreed a proportionate remedy.

The complaint

1. Mr X complains the Council refused to consider his complaint its social worker presented false information to court.

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My assessment

2. The Council told Mr X the statutory children’s complaints process could not be used to investigate matters that have been the subject of court proceedings and that he could/should raise the matter in court.
3. If we investigated this complaint it is likely we would find the Council at fault. This is because the statutory guidance does not say matters subject to court proceedings are exempt from the complaints process. Rather, a council may consider complaints about its handling of a case and conduct of social work staff involved in court procedures. It should also consider whether any complaint relating to records used in court is a challenge to accuracy of the records it holds under the Data Protection Act.
4. We therefore asked to the Council to consider remedying the injustice caused by its actions by reconsidering Mr X’s complaint in line with statutory guidance and issuing a new decision.

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Agreed Action

5. To its credit the Council agreed to resolve the complaint and will review Mr X’s complaint in line with statutory guidance and issue a new decision.

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Final decision

6. We will not investigate Mr X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy.

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Investigator's decision on behalf of the Ombudsman