Summary: We cannot investigate this complaint about the actions of social workers in closing his child’s case during a custody application Mr X says they asked him to make. The complaint concerns actions that are not separable from matters subject to court proceedings at the time and subsequently, and we are legally barred from investigating them.

The complaint

1. Mr X said the Council closed his child’s case during a custody application he says the Council asked him to make. He said this led to his child living with the child’s mother and suffering depression and suicidal ideation. He said it also led to him spending seven years in court action to secure as much access as possible to his child, before the child decided to return to him.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters complained of concern the opinions formed by social workers of Mr X‘s family, and their assessments. These would have closely related to matters before the family courts over a considerable time period. Mr X directly states that his ex-partner’s solicitor made much of the Council's decision to close the child’s case, and that this made it harder for him in court. There is a legal bar preventing us investigating matters of this kind, that are closely related to court proceedings.

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Final decision

8. We cannot investigate Mr X’s complaint because the matters he complains of concern the opinions of social workers and matters either directly subject to court proceedings or which could have been raised in court.

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Investigator's decision on behalf of the Ombudsman