Summary: We will not investigate Mr X’s complaint about the actions of social workers involved with his family. This is because we cannot consider complaints about what happened in court. The matters which the complainant is unhappy about can be brought to the attention of the Court. Also, we cannot achieve what Mr X wants.

The complaint

1. The complainant, whom I shall call Mr X, complained about the conduct of social workers involved with his family. Mr X’s children are subject to care proceedings. Mr X says social workers have misled the Court, broken court orders, and failed to facilitate contact with his children. Mr X wants the social workers dismissed from their positions.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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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. We will not start an investigation into Mr X’s complaint.
9. The Ombudsman cannot consider matters discussed in court or which could reasonably be raised in court. We cannot consider complaints about the preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings. We cannot consider complaints about the evidence given in court by council officers. Such matters are outside our jurisdiction with no discretion to consider them.
10. If Mr X believes social workers have misled the Court, then he needs to raise this with the Court. This also applies to any concerns Mr X has about the contact with his children. This will have been decided in court and any failures to comply with the Court’s orders need to be brought to its attention.
11. Mr X also complained in general about the social workers involved in his case. But the conduct of the social workers is intrinsically linked to matters which are outside our jurisdiction. Also, it is not for us to say if a council should take disciplinary action against a social worker. We have no powers to do this so we cannot achieve the outcome Mr X wants.
12. The Health and Care Professions Council (HCPC) is the regulatory body for social workers in England. It is open to Mr X to contact the HCPC with any general concerns he has about the social workers involved in his case.

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Final decision

13. We will not investigate Mr X’s complaint because we cannot consider complaints about what happened in court, or which can reasonably be raised in court. We also cannot achieve what Mr X wants.

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Investigator's decision on behalf of the Ombudsman