Summary: We will not investigate this complaint about the actions of a council social worker including the content of a Section 7 report. We cannot consider complaints about matters that were or could have been discussed in court. There is not enough evidence of fault in the Council’s decision not to consider Mr X’s complaint whilst there are ongoing court proceedings.

The complaint

1. Mr X complained about the actions of a council social worker who is involved with his family. Mr X says the social worker is biased. Mr X is unhappy with the content of a Section 7 report written by the social worker and other information they have provided to the courts. Mr X is also unhappy with the contact arrangements with his child. The Council has refused to consider Mr X’s complaint due to ongoing court proceedings.

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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. 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)
5. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. We will not start an investigation into Mr X’s complaint.
9. The law prevents the Ombudsman from considering complaints about matters already discussed in court or which could reasonably be raised in court. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court. A Section 7 report is produced at the request of a court and for use in court.
10. The conduct of the social worker Mr X is unhappy with is linked directly to court proceedings and matters discussed, or which could be discussed in court. This also applies to the Section 7 report. Mr X has had the opportunity to raise his concerns in court. This remains the correct forum for Mr X to challenge the Council’s evidence. Also, only the courts can decide the contact arrangements with Mr X’s child; the Ombudsman cannot. Because Mr X’s complaint is linked to court proceedings it is not one we can consider.
11. We will also not consider Mr X’s complaint about the Council’s decision not to investigate due to ongoing court proceedings. The Council’s approach is in line with the statutory guidance on the handling of children’s services complaints. This gives councils discretion to decide whether to investigate when to do so could prejudice any ongoing proceedings. The Council has reached a decision it is entitled to and there is not enough evidence of fault to warrant our involvement.

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Final decision

12. We will not investigate Mr X’s complaint because we cannot consider complaints about matters that were discussed or could be discussed in court. There is not enough evidence of fault in the Council’s decision not to investigate Mr X’s complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman