Summary: We will not investigate Mr X’s complaint about matters related to the conduct of a social worker and the Council’s handling of his complaints. This is because his complaint could reasonably be, or has been raised as part of court proceedings on a closely related matter.

The complaint

1. Mr X complains the Council’s social worker lied in meetings and court about matters related to his children’s foster care. He also complains about the social worker’s poor communication and the Council’s complaint handling.

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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 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))
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)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. Mr X is unhappy about the social worker’s conduct in court and the documents suggest Mr X is awaiting a further court hearing for matters related to his children’s foster care.
9. I cannot investigate Mr X’s complaint about the social worker lying in court as the law prevents us from investigating what happens in court. Further, Mr X says the social worker falsified information and lied in meetings. Mr X’s concerns about the social worker’s views are not separable from matters being considered in court. It is reasonable to expect Mr X to have raised or raise his concerns in court for its consideration.
10. Mr X also complains the social worker has asked him for his family's contact details. However, this part of his complaint is premature. It is reasonable to allow the Council the chance to investigate and reply and so I will not investigate it.
11. It is not a good use of public resources to investigate the Council’s complaint handling and communication in isolation when I will not investigate the substantive matters.

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Final decision

12. We will not investigate Mr X’s complaint because it could reasonably be, or has been raised as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman