Summary: We should not investigate Mr X’s complaint about the actions of social workers towards him before, during and after a court case concerning his children. These matters are not separable from those which have either been heard in court or where Mr X has a right to return to court it would be reasonable to use.

The complaint

1. Mr X said social workers ignored information he provided and refused to listen or respond when he complained. He said this left him feeling on edge and anxious. He wanted a better life with his children.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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)

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How I considered this complaint

6. I read Mr X’s complaint. I invited his comments on a draft decision and considered them.

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What I found

7. Mr X’s relationship with his ex-partner ended. He said he provided the social workers with information about harm to his children that they ignored. He told me he was shocked by the social workers’ refusal to listen to him or to respond when he complained about this.
8. The residence and contact arrangements for Mr X’s children were decided by a court. The reports written by social workers and the opinions they formed would have been before the court.
9. Mr X’s complaint is about the actions of social workers before, during and after the court process. Mr X’s desired outcome is a better life with his children. These matters are not separable from those heard in court, or where Mr X has a right to go to court it would be reasonable to use.

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Final decision

10. We will not investigate this complaint. This is because we cannot investigate any matters that were before a court and any remaining matters are not separable from those where Mr X has a right to go to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman