Summary: We will not investigate Mr X’s complaint about the conduct of a social worker in a matter of the disputed contact and residence of children. He has a right to go to court it would be reasonable to use.

The complaint

1. Mr X said a social worker was biased against him, taking the side of his children’s mother when she removed them, despite him having a residence order. He said the social worker discriminated against him because of his race and gender. He says it is harming his children to be away from their father and their home.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I read Mr X’s complaint. I gave him an opportunity to comment on a draft decision.

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What I found

5. There is a dispute between Mr X and his former partner about the contact and residence arrangements for their children. Mr X says a social worker has pursued a vendetta against him by taking his former partner’s side in removing his children and writing a biased assessment. He says his children would be better living with him, but the social worker’s view is they should not have contact with him.
6. Courts decide contact and residency arrangements for children. The matters complained of are not separable from that. Mr X has a right to go to court it would be reasonable to use.

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Final decision

7. We will not investigate this complaint. This is because Mr X has a right to go to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman