Summary: We will not investigate Mr X’s complaint about the allocated social worker on his child’s case. We cannot consider complaints about matters which are, or have been, subject to court proceedings. There is no sign of fault in the Council’s decision not to consider his complaint about the social worker further until the proceedings have concluded.

The complaint

1. Mr X complains about the Council’s decision not to consider his complaint about the allocated social worker on his child’s case which is subject to ongoing court proceedings. Mr X says he is not being treated fairly as a parent due to the social worker’s actions and the social worker is not acting in his child’s best interests.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or continue 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))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr X complained to the Council about the allocated social worker on his child’s case, as set out in paragraph one, above. He also raised concerns about the social worker’s evidence and reports which are being considered in ongoing family court proceedings.
9. The Council told Mr X it could not consider his complaint via its complaints procedure because it related to court documents and decisions. It advised Mr X to address the issues raised via the legal proceedings.
10. Following a subsequent meeting with Mr X, the Council said it would consider his concerns about the social worker further once the court proceedings have concluded.
11. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider his complaint about matters which are being considered in ongoing court proceedings. This is a decision the Council has discretion to make and it has confirmed it will consider his concerns about the social worker further once the proceedings have ended.
12. We cannot investigate complaints about matters that are being, or have been considered in court proceedings, or which could have been raised and considered in court. Such matters lie outside our jurisdiction and we have no discretion to consider them. This restriction also means we cannot consider complaints about evidence the Council provides to the court or about the preparation of evidence and reports for the court. Any dissatisfaction with the evidence the social worker has provided for the proceedings should be raised to the court during the proceedings so that the judge can consider it before the proceedings conclude. It is not a matter we have any discretion to consider.

Back to top

Final decision

13. We will not investigate Mr X’s complaint. We cannot consider complaints about matters that are being, or have been considered in court and there is no sign of fault in the Council’s decision not to consider Mr X’s complaint while there are ongoing court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman