Summary: We will not investigate this complaint about a social work assessment or the support the Council provided the complainant. We cannot investigate the Council’s assessment as it is part of court proceedings and the complaint about the support the Council has provided is not separable from the matters in court.

The complaint

1. Mr X complained about a social work assessment the Council completed. He said the Council referred to his diagnosis of autism as a mental health condition. Mr X also said the Council failed to support him as a vulnerable adult; and that it did not complete pre-birth work or help him prepare for his child coming into his care.
2. Mr X feels the Council has discriminated against him. He wants the Council to complete a new assessment.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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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. We cannot investigate matters that have been considered by the court. That includes any reports or assessments that are used as part of court proceedings. The Council has confirmed that court proceedings are ongoing around the care of Mr X’s child. Therefore, Mr X’s complaint about the Council’s assessment is outside our jurisdiction. Mr X can raise any concerns about how the Council completed the assessment and its content with the Court. It is also reasonable for Mr X to raise any concerns about the support the Council has provided him with the Court, as these matters are not separable from the current care proceedings.

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Final decision

9. We will not investigate Mr X’s complaint because the Council’s assessment is part of court proceedings and is outside our jurisdiction. It is reasonable for Mr X to raise any concern he has around the support the Council has provided him with the Court.

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Investigator's decision on behalf of the Ombudsman