Summary: We will not investigate this complaint about the actions of a social worker because the complaint concerns information the social worker has submitted to court. The matters are therefore not separable from the matters that have formed part of court proceedings. Social Work England are better placed to consider complaints about the conduct of social workers and we cannot achieve the outcome the complainant is seeking.

The complaint

1. Miss X complains that the social worker allocated to her children’s case is biased towards the children’s father. Miss X wants the social worker changed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Miss X’s complaint about the actions of the social worker allocated to her children. The issues raised concern reports that the Council has written for the courts. The law prevents us from investigating complaints about what happened in court, including what information councils provide during proceedings.
7. If Miss X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.
8. We also cannot achieve what Miss X wants, which is for a change of social worker. The Ombudsman has no power to instruct the Council to change the named worker.

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Final decision

9. We will not investigate Miss X’s complaint because the matters are not separable from court proceedings, there is another body better placed and because we cannot achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman