Summary: We will not investigate Dr Y’s complaint about the Council’s handling of safeguarding concerns about his child. We could not add to the responses the Council has already provided by investigating. The law also prevents us from investigating some of the issues which have been the subject of court proceedings. We have no powers to make the Council change the allocated Social Worker or take disciplinary action against individual employees.

The complaint

1. Dr Y complains about the Council’s ineffective safeguarding of his child while in their other parent’s care. Dr Y alleges the resulting report for the Children and Family Court Advisory Service (CAFCASS) lacks key information and places his child at risk of harm. He wants a new Social Worker to review the Council’s handling and the CAFCASS report rewritten. He also wants the Council to dismiss the Social Worker who ignored his concerns for his child.

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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 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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Children and Family Court Advisory Service (CAFCASS). (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council has upheld Dr Y’s complaint for not completing a Children and Family Assessment when it received safeguarding referrals about his child while in their mother’s care. The Council has apologised to Dr Y and confirmed it has provided feedback to the employee involved. There is nothing more we could achieve by investigating this matter further.
10. The Council has also explained that Dr Y will need to return to court if he wishes to alter the existing contact arrangements for his child. The law also prevents us from investigating anything that has or should be raised with the courts. Any concerns about the Council or the court proceedings should be raised with the court directly or through legal representative(s). We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
11. Dr Y has complained about specific actions and general attitude of Social Worker allocated to his child’s case. Our role is to look into the Council’s actions as a corporate body, rather than to investigate an individual. If Dr Y has concerns about the professionalism or conduct of an individual social worker, he can report his concerns to their professional body, Social Work England.
12. Moreover, Dr Y expressed his wish for the Council to take a disciplinary action against the Social Worker. We would not be able to achieve this outcome as any disciplinary actions between the Council and its employees are outside our jurisdiction.

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Final decision

13. We will not investigate Dr Y’s complaint because further investigation by us could not achieve the outcomes he wants and the law prevents us from investigating anything the court should consider.

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Investigator's decision on behalf of the Ombudsman