Summary: We will not investigate Miss X’s complaint that the Council was biased in favour of her former partner. The matters complained of are not separable from those where Miss X has a right to return to court it would be reasonable to use.

The complaint

1. Miss X said a social worker withheld information from her and was biased in favour of her ex-partner. She said the social worker ignored information provided and advised her ex-partner to apply for custody of their children. She said the Council’s actions undermined her confidence, and she felt targeted as this helped her ex-partner disrespect her privacy and stalk her.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I read Miss X’s complaint and the correspondence with the Council she provided. I gave her an opportunity to comment on a draft decision.

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What I found

5. A court decided the residency and contact arrangements of Miss X’s children after the end of her relationship with her ex-partner. The matters complained of are not separable from those the court would have had to consider in making its decision.

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Final decision

6. We will not investigate the complaint. The matters complained of are not separable from those where Miss X has a right to return to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman