Summary: We cannot investigate this complaint about the actions of a social worker because it is inextricably linked to matters which are the subject of private law proceedings.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council’s social worker has acted unprofessionally and is unable to effectively safeguard his children.

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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. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s children live with their mother. They are the subject of private law proceedings regarding their care. As part of the proceedings the Council has been directed to complete a Section 7 report.
6. Mr X’s complaint concerns the social worker tasked with completing the report. He believes the social worker has formed an attachment to his children’s mother and, as a result, is unable to perceive the safeguarding issues affecting his children. He is concerned that the Section 7 report will not be a fair and accurate portrayal of his children’s circumstances.
7. The Ombudsman cannot investigate Mr X’s complaint. This is because it concerns matters which will be decided in court or are inextricably linked to those matters. By law, the Ombudsman cannot consider matters which are before a court of law. The courts have decided that this restriction extends to anything inextricably linked to them.
8. Given that the care of Mr X’s children is subject to private law proceedings, we cannot investigate his complaint. Section 7 reports are produced by social workers but are the property of the Court. Their content and production fall outside the Ombudsman’s jurisdiction. We cannot therefore investigate the actions about which Mr X has complained.

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Final decision

9. We cannot investigate Mr X’s complaint because it concerns matters which are the subject of private law proceedings.

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Investigator's decision on behalf of the Ombudsman