Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s court report and the actions of its social worker. It is outside jurisdiction due to court proceedings. The Council has agreed to deal further with the second complaint about how an incident at a school, involving Mr X’s son, was investigated.

The complaint

1. Complaint 1: Mr X has requested that his partner, Ms B, deal with this complaint on his behalf. Mr X complains the Council has not properly assessed his family and provided a court, which is considering the welfare of his children, with a report which is ‘incomplete, biased and factually incorrect.’ Mr X complains the social worker who wrote the report caused the family upset and anxiety and led to a reduction in his contact with his children.
2. Complaint 2: Mr X complains the Council ignored his concerns about an incident in which a member of staff at his children’s school acted aggressively towards his son. Mr X says the school did not properly investigate the allegation, failed to interview witnesses, and the investigator was a friend of the accused. He says the Council has ignored his concerns and offered no advice. He says the incident has harmed his son.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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)

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How I considered this complaint

5. I have considered Mr X’s complaint and comments. I have considered Ms B’s reply to my draft decision statement. I have obtained from the Council the complaint correspondence, clarified the position at court, and clarified the position regarding the complaint about the handling of the investigation at the school.

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What I found

6. For some years Mr X and his former wife have shared the care of their children. The mother has applied to court for a child arrangement order. The court required the Council to supply a ‘section 37 report’ which means it is considering the need to make an order regarding the children. The court has considered the contact arrangements and the case continues.
7. The Council declined to deal with Mr X’s complaint about the court report and the social worker’s assessment due to the ongoing court case. It has replied to a complaint by Mr X about its Early Help Service. Mr X has not complained to the Ombudsman about this service.
8. When Mr X complained to the Council, he included his concern that the school’s investigation into a member of staff following an allegation by his son was not properly handled. The Council commented on the role of its Early Help Service and its involvement with Mr X’s son following the incident. However, it did not reply to the criticisms of the school investigation or explain its role in such cases. The Council has confirmed with this office that its Local Authority Designated Officer (LADO) was involved in managing the allegation. The LADO has responsibilities where there is an allegation against a person who works with children.

Analysis

9. I will not investigate this complaint for the following reasons:
10. Complaint 1: The Ombudsman cannot investigate a complaint about what happens in court (see paragraph 4 above). This covers the social worker’s assessment, the court report, contact arrangements, and the concerns about the welfare of the children. Mr X may explain his view of the report and the family circumstances to the court.
11. Complaint 2: The Council has agreed with me that it will deal with Mr X’s complaint about the investigation of the safeguarding issue which arose at his son’s school. This will include explaining the role and actions of its LADO service. If Mr X disagrees with the outcome he may complain again to this office.

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Final decision

12. The Ombudsman cannot investigate Mr X’s complaint about the Council’s court report and the actions of its social worker. It is outside jurisdiction due to court proceedings. The Council has agreed to deal with the second complaint about the investigation of an incident at a school.

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Investigator's decision on behalf of the Ombudsman