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

The complaint

1. X is unhappy with their contact with a social worker during a period where the Council is considering a formal court report for private family proceedings. X says the social worker is bias and they want a different officer to work with their family.

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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))

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How I considered this complaint

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

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Final decision

5. We cannot investigate X’s complaint because it relates to matters which have been or are being considered as part of ongoing court proceedings, and the law does not allow us to consider complaints under these circumstances.

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Investigator's decision on behalf of the Ombudsman