Summary: We cannot investigate this complaint about X’s contact with the Council, relating to child arrangements. This is because the law does not allow us to consider complaints about matters where there are ongoing court proceedings for related matters.

The complaint

1. X complained about the conduct of a social worker, who was involved in their family, because of ongoing private legal proceedings. X said the social worker was bias and unprofessional.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

5. We cannot investigate X’s complaint because the matters are related to court proceedings and the law does not allow us to consider such complaints.

Back to top

Investigator's decision on behalf of the Ombudsman