Summary: We cannot investigate Mr X’s complaint about the actions of social workers involved with assessing who is best placed to care for and have contact with the children of his family. The matters he complains of are closely linked to or directly form part of court action. A permanent legal bar thus prevents us from investigating them.

The complaint

1. Mr X said a social worker acted with fault and showed bias towards the mother of his children. He said this was parental alienation and he had not seen his children for several months. He said he was now having to fight in court for his children and a judge had ordered the Council to try to get him to see them.

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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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. This complaint concerns the actions of social workers that have arisen as a result of a dispute about the contact and/or residence arrangements for Mr X’s children. Disputes of this kind can only be resolved in court where the parties do not agree. Court action begins at the point where any party first contacts the court. We are legally barred from investigating what happens in court and any matters that may be raised during court proceedings. The opinions and judgements formed by social workers about Mr X and the mother of his children are clearly closely linked or directly part of that process. It would be reasonable for Mr X to raise or have raised any alleged bias during the court process.

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Final decision

8. We cannot investigate Mr X’s complaint because the matters he complains of are either closely linked to or directly part of court proceedings and it would be reasonable to raise them in court.

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Investigator's decision on behalf of the Ombudsman