Summary: We will not investigate Mr X’s complaint about the actions of a social worker in writing a court report. These matters are not separable from those that have been heard in court, or in respect of which Mr X has a right to go to court it would be reasonable to use.

The complaint

1. Mr X said a social worker wrote a report for a court that was inaccurate and based on poor practice. He said the process has had a dramatic effect on his health. He wanted the social worker retrained or removed from her position.

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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. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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)
6. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

7. I read Mr X’s complaint. I gave him an opportunity to comment on a draft decision.

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What I found

8. Mr X was dissatisfied with a report a social worker wrote for a court that decided where his child should live and what the parental contact should be. He said the social worker’s practice was very poor and this affected the court’s decision.
9. Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. The complaint concerns what the social worker wrote for the court. It is thus not separable from matters that were before a court and about which Mr X has a right to return to court it would be reasonable to use.
10. Mr X also has the right to complain about the social worker’s practice to the relevant professional body.

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Final decision

11. We will not investigate this complaint. This is because:

• We cannot investigate what happened in court;
• Mr X has a right to go to court it would be reasonable to use; and
• We cannot investigate personnel matters, and Mr X could approach the relevant professional body.

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Investigator's decision on behalf of the Ombudsman