Summary: We cannot investigate this complaint about social work involvement with Mr X’s children. The matters Mr X complains about are inseparable from matters that form part of court proceedings. The law prevents us from investigating complaints about the start of court action or what happened in court.

The complaint

1. Mr X complained about the Council’s decision making and actions involving his children.
2. Mr X said this caused distress.
3. Mr X wants the Council to reassess his parenting, change the contact arrangements he has with his children and stop the continuing court action.

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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 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))
7. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

8. I considered information provided by Mr X.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We cannot investigate this complaint. The matters Mr X complains about are inseparable from matters about court proceedings, and the law prevents us from investigating complaints about the start of court action or what happened in court.
11. For any action or decision made by the Council, it was and is reasonable to expect Mr X to contest these in court during the court proceedings. We cannot investigate any allegations of unprofessional behaviour or factual inaccuracies in any reports used in court as these form part of the court proceedings. We also cannot say whether social workers’ conduct or evidence impacted the court outcome.
12. We will also not investigate Mr X’s complaint about the Council’s complaint handling. The courts said we can decide not to investigate complaints about complaints procedures when we are unable to investigate the substantive issues.

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Final decision

13. We will not investigate Mr X’s complaint because the matters he complains about are inseparable from the court proceedings, and the law says we cannot investigate complaints about the start of court proceedings or what happens in court.

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Investigator's decision on behalf of the Ombudsman