Summary: We cannot investigate this complaint about the actions of a social worker concerning Mr X, his former partner, and their child. The matters complained of are not separable from those which either have or could have been raised as part of an ongoing court process.

The complaint

1. Mr X said a social worker failed to inform him about meetings he could have gone to. He said the social worker made accusations against him and got angry if he said something she didn’t like. He said he was not happy about what the social worker put in a report for a court and that she always protected his ex-partner.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The complaint concerns the Council’s views on the parenting of Mr X and his former partner and their suitability to care for a child. This is subject to ongoing court action. The actions of the social worker are not separable from the court process, which includes reports written for court. It would be reasonable for Mr X to raise them in court.

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Final decision

7. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that form part of a court process.

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Investigator's decision on behalf of the Ombudsman