Summary: We cannot investigate this complaint about the actions of a social worker when Mr X wished to obtain a special guardianship order for a child. The matters complained of are not separable from a court process.

The complaint

1. Mr X said a social worker was unprofessional and that the Council pushed its own agenda to have a child adopted for whom he and his wife obtained a special guardianship order (SGO). He said his legal costs were much greater than the amount the Council has offered him.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The complaint concerns the actions of the social worker before the court hearing, and the actions of the Council’s legal team around the hearing. The opinions formed by the social worker of the suitability of Mr X and his wife for an SGO, as well as the actions of the Council’s legal team, relate directly to the court hearing.

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Final decision

7. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters before the court.

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Investigator's decision on behalf of the Ombudsman