Summary: We cannot investigate X’s complaint about information the Council provided during court proceedings. This is because the law prevents us from investigating complaints about what happens in court. Social Work England is better placed to consider X’s complaint about the conduct of a social worker.

The complaint

1. X complains the Council provided inaccurate information in reports to the Family Court and about its conduct during those proceedings. X also complains about the conduct of a social worker outside of the court proceedings.

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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 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))
3. 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)
4. 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.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate X’s complaint because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports that councils present during proceedings. Social Work England is better placed to consider complaints about the conduct of individual social workers.

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Investigator's decision on behalf of the Ombudsman