Warrington Council (21 017 121)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 11 Mar 2022
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint that the Council’s social worker delayed providing evidence to a court dealing with his application for a child arrangement order and has not implemented a recent court direction to facilitate contact. The Ombudsman cannot lawfully investigate because the actions are part of court proceedings.
The complaint
- Mr X complains the Council delayed providing a report to a court considering his application for contact with his son. He complains the Council’s assessment provided last year is poor. He says the Council has not yet acted on a further court order, this year, requiring it to facilitate supervised contact at a contact centre. Mr X says the Council has caused him stress and should arrange the contact.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I have considered Mr X’s information and comments. The information includes the Council’s stage 1 reply to his complaint and the court order dated 31 January 2022.
My assessment
- I cannot investigate this complaint for the following reasons:
- The Ombudsman cannot lawfully investigate what happens in court or actions relating to court proceedings (see paragraphs 2 and 3 above). This includes the Council’s reports to court and whether it complies with court directions in an ongoing case.
- The Court has recently ordered the Council to provide a ‘section 37 report’ (Children Act 1989) and that the social worker/author attends court. The Court is considering the welfare of Mr X’s child, the child protection issues, and contact. Mr X can raise his concerns with the Court.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint the Council’s social worker delayed providing evidence to a court dealing with his application for a child arrangement order and has not implemented a recent court direction to facilitate contact. The Ombudsman cannot lawfully investigate because the actions are part of court proceedings.
Investigator's decision on behalf of the Ombudsman