Summary: We cannot investigate Mr X’s complaint about Police bail conditions. Social Work England are better placed to consider his complaint about a social worker’s professionalism.

The complaint

1. Mr X says the Council caused him to be subject to police bail conditions. He also complains about comments a social worker made to his child.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
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: 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

4. I considered information provided by Mr X which included the Council’s reply to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council’s children services team gave the Police advice in late December 2024 which caused the Police to impose bail conditions on him for seven weeks.
7. The Council says its records show the social worker involved with the family was on leave when the police bail conditions started. It says within three weeks it had assessed the family and provided its view the bail conditions should be relaxed to enable contact between Mr X and his children.
8. Mr X says he has evidence the Council influenced the Police’s decision.
9. We cannot investigate the Police’s decision to impose bail conditions. Any Council views expressed to the Police about bail conditions did not cause directly those bail conditions. It is for the Police to decide bail conditions in line with the criminal law.
10. Mr X says the allocated social worker made unprofessional comments to his child. He says this has caused the child to miss education. 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 (SWE).

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Final decision

11. We will not investigate Mr X’s complaint because we cannot investigate the Police’s decision to impose bail conditions. SWE are better placed to consider a social worker’s professionalism.

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Investigator's decision on behalf of the Ombudsman