Summary: We will not investigate Miss X’s complaint about the social worker allocated to her case which is subject to family court proceedings. This is because there is no sign of fault in the Council’s decision not to consider the complaint whilst there are ongoing court proceedings.

The complaint

1. Miss X complains about the social worker allocated to her case which is in family court proceedings. Miss X raises numerous concerns about the social worker including that she finds it stressful and difficult to work with her; she does not communicate with her and she has considered the case based on judgments and assumptions rather than the facts. Miss X disagrees with the social worker’s decisions and says she has submitted untruthful information to the court.

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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 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)

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How I considered this complaint

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

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My assessment

8. Miss X complained to the Council about the social worker allocated to her case.
9. The Council told Miss X it would not consider her complaint via its complaints procedure. This is because the matters raised in her complaint may form part of the ongoing court proceedings. It advised Miss X to raise her concerns to her legal representative so that they can be considered during the proceedings.
10. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider the complaint whilst the matter is subject to ongoing court proceedings. This is a decision the Council has discretion to make. This is to ensure the court proceedings are not put at any risk of being prejudiced by a concurrent investigation. Once the proceedings have concluded, it will be open to Miss X to ask the Council to consider any residual matters which were not, and could not have been, raised and considered during the proceedings.
11. We cannot investigate complaints about matters that are being, or have been, considered in court proceedings or which could have been raised to, and considered by, the court. Such matters lie outside our jurisdiction and the law gives us no discretion to consider them. This restriction also means we cannot consider complaints about evidence submitted to the court as it forms part of the proceedings. Any concerns about the social worker’s actions and decisions in the proceedings should be raised to the court so that the judge can consider them before a final decision is made.

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Final decision

12. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint whilst the case is subject to ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman