Summary: The Ombudsman cannot investigate Mr X’s complaint that the Council’s social worker’s actions and court report favour the mother of his child and discriminate against him. The complaint is outside the Ombudsman’s jurisdiction because the key issues are part of a court case.

The complaint

1. Mr X complains the Council’s social worker has written a court report which is biased in favour of the mother of his child. He says the social worker has ignored evidence and the rights of the child. She has failed to treat Mr X as a victim of domestic violence. Mr X says the Council has shown a lack of interest in dealing with the court case and has not helped him with it.
2. Mr X says he was not invited to a recent child protection case conference, that the social worker has not provided a copy of a meeting at school, and that she has delayed in contacting him and not visited his child as much as she should.

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The Ombudsman’s role and powers

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 can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered Mr X’s comments and information. I have considered his complaint correspondence with the Council.

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What I found

6. Mr X applied to court for a child arrangement order. There is reference to a guardian ad litem providing a report for court. Mr X objects to the content of the Council’s ‘section 37’ court report. He says the court’s provisional verdict is that there should be shared care between the parents.
7. The Council’s complaint reply to Mr X says earlier this year a strategy meeting was held which decided to hold an initial child protection case conference on his child. Mr X says he was not invited to the meeting in August. The Council says it has acted on Mr X’s concerns by holding an initial child protection case conference and it is for the court to consider Mr X’s views of the court report.

Analysis

8. I cannot investigate this complaint for the following reasons:
9. The Ombudsman cannot investigate actions which are part of court proceedings (see paragraph 3 above). This includes the social worker’s assessment and court report. It is for the court to consider what has happened and the welfare of the child. This will include the history of the family relations and the behaviour of parents.
10. Once the court case is concluded if there are ongoing child protection issues Mr X can raise them with the Council and if necessary complain. He could then complain to this office. Mr X may also seek advice from Social Work England which is the regulator of social work conduct.

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Final decision

11. The Ombudsman cannot investigate Mr X’s complaint that the Council’s social worker actions and court report favour the mother of his child and discriminate against him. The complaint is outside the Ombudsman’s jurisdiction because the key issues are part of a court case.

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Investigator's decision on behalf of the Ombudsman