Summary: We cannot investigate Mr X’s complaint about the actions of a social worker during the Councils involvement with his family. The law does not allow us to investigate matters which have been subject to court proceedings.

The complaint

1. Mr X complained about the conduct of a social worker involved with his family. Mr X said they acted dishonestly during court proceedings.
2. Mr X also complained about the Councils handling of his complaint.
3. Mr X said the matter cause stress and anxiety for him and his family.

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The Ombudsman’s role and powers

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)
6. 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)

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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. Mr X complained about the conduct of a social worker who was involved with his family. Mr X said they acted dishonestly in court and failed to acknowledge concerns he raised.
10. Mr X wishes for the social worker and other individuals involved in the case to face disciplinary proceedings.
11. As outlined in paragraph five, the law says we cannot investigate matters which have been subject to court proceedings.
12. Additionally, as we cannot investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

13. We cannot investigate Mr X’s complaint because the law says we cannot investigate matters which have been subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman