Summary: We cannot investigate Mr X’s complaint about a social worker’s conduct during court proceedings and the contents of her report to the court because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been, or are being, considered in court proceedings.

The complaint

1. The complainant, whom I shall call Mr X, complains about a social worker’s input in family court proceedings and about the contents of her court report. He also complains the Council has not completed a new court ordered report.

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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)

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How I considered this complaint

4. I considered the information Mr X provided. This included the complaint correspondence with the Council. I sent Mr X a draft of my decision and considered his comments in response.

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What I found

5. Mr X complained to the Council about the contents of a social worker’s court report and about the social worker’s conduct in family court proceedings relating to his two children. Mr X believes the social worker was biased against him, in favour of the childrens’ mother, and showed a disregard for his childrens’ wellbeing.
6. Mr X says the court has ordered a new report be completed, but the Council said it has not received a new order from the court. Mr X is concerned the Council will not complete the new report, or that the report will not be thorough, which could affect the court’s decision.
7. The Council told Mr X it would not consider the complaint via its complaints procedure because the matter was subject to ongoing court proceedings. It told Mr X his concerns could be raised to the court during the proceedings.

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Final decision

8. We cannot investigate this complaint. This is because it is made in relation to matters that have been, or are being, considered and decided in court proceedings. The law prevents us from investigating such matters and we have no discretion to do so.
9. Any dissatisfaction with the contents of the court reports would need to be raised during the court proceedings so the court can consider them before making its final decision. We cannot consider reports that have been submitted in court proceedings.
10. If the Council does not follow a court order to complete a new report then this will also be for the courts to consider and act upon. It is not a matter we can consider.

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Investigator's decision on behalf of the Ombudsman