Summary: We will not investigate this complaint about a children’s social worker. Mr X could reasonably have raised all his concerns as part of a court process.

The complaint

1. Mr X complained the Council has failed to act on concerns about a social worker not adequately safeguarding children, including his own children, from harm. He says the matter has caused him significant distress. He wants the Council to properly consider his evidence and take action.

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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. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint is about the actions of a social worker he says has not adequately protected children, including his own. The case has been before the courts and the Council submitted a section 7 report as part of that process. We cannot investigate what happens as part of court proceedings, which includes the contents of the Council’s report.
8. We also have discretion not to consider related issues where we decide they reasonably could have been, or they have been, raised during the court process. Mr X’s concerns relate to the reliability of the social worker’s assessment, and as such are directly related to the court process. We will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because it was reasonable for him to raise his concerns as part of the related court proceedings.

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Investigator's decision on behalf of the Ombudsman