Summary: We will not investigate this complaint about about how the Council dealt with safeguarding concerns raised about a child’s care. This is because court proceedings have commenced to consider the child’s care, and the complaint is not separable from matters which are subject to these proceedings.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council responded to safeguarding concerns he raised about the care of his child. He says the Council failed to properly investigate his concerns and that a social worker allocated to the case was unprofessional.

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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. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. We cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X’s daughter lives with her mother. Mr X has raised safeguarding concerns about his daughters care with the Council’s children’s services. Mr X is seeking care of his daughter and has commenced court proceedings to consider this.
9. I cannot investigate Mr X’s complaint. This is because it surrounds the care of his child and court proceedings have commenced to consider that matter, which places the complaint outside of our jurisdiction. The courts will consider the care arrangements of Mr X’s child and the Council will provide information to the courts about its involvement with the family, which will include its investigation of Mr X’s safeguarding concerns.
10. I will not investigate Mr X’s complaint about the conduct of a social worker. This is because it is reasonable to expect Mr X to raise any concerns he has about the integrity, conduct or professionalism of a social worker to their professional body, Social Work England.

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Final decision

11. We will not investigate Mr X’s complaint because the matter is subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman