Summary: We will not investigate Mr X’s complaint about the Council’s handling of matters involving his children. The law prevents us from investigating anything that is or has been the subject of court proceedings. For any matters not addressed by the Court, it is unlikely investigation by us would lead to a different outcome.

The complaint

1. Mr X complained about the Council’s handling of matters involving his children including:
• The preparation and content of the Section 7 reports;
• Changes to contact arrangements with his children;
• Delay in the Statutory complaints process;
• The actions of the Social Worker.
2. He said these issues impacted his well-being and affected his relationship with his children.

The Ombudsman’s role and powers

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 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

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A(6), 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.

My assessment

7. Mr X complained about the content of reports prepared under Section 7 of the Children’s Act 1989. As part of private law proceedings involving children, the court may order the Council to produce a section 7 report. The Court will then consider the report as part of its decision making. As the section 7 report forms part of court proceedings, we have no jurisdiction to investigate its preparation or content.
8. Mr X complained about changes to contact arrangements with his children. Contact arrangements are considered during court proceedings so this is not something we would investigate. It is unlikely investigation of complaints about contact arrangements before court proceedings began would lead to a different outcome.
9. The Council investigated Mr X’s complaint through the Children's Statutory Complaints Procedure. The Council delayed by eight months in following the procedure. The Council apologised for the delay and offered Mr X a symbolic financial remedy of £400. Our investigation is unlikely to achieve more as it is in line with our remedies guidance.
10. Mr X complained about the Social Worker working with his family, including their conduct and communication. The Council apologised and offered a financial remedy for any distress caused to Mr X. It is not likely investigation by us would lead to a different outcome.
11. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

Final decision

12. We will not investigate Mr X’s complaint because law prevents us from investigating anything that is or has been the subject of court proceedings. It is unlikely investigation of other matters would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman