Summary: We cannot investigate most of Mr X’s complaints about the Council’s actions during court proceedings because the issues complained about have been considered by a court and the law says we cannot investigate. We did not investigate part of Mr X’s complaint because it is too closely related to the matters considered by a court.

The complaint

1. Mr X complained about the Council’s:
• conduct during court proceedings;
• social work reports;
• poor communication; and
• organisation of contact between him and his child during court proceedings.
2. Mr X says the matters caused him frustration and distress.
3. Mr X wants the Council to change the named social worker.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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).
6. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended).
7. 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

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We cannot investigate Mr X’s complaints about the conduct of Council officers during court proceedings or the content of social work reports for court. This is because the law says we cannot investigate any matters considered or determined by a court or what happened during court proceedings.
11. We cannot investigate Mr X’s complaint about how the Council organised contact between him and his child. It is likely the court endorsed contact arrangements between Mr X and his child through a care plan. Therefore, the issue of contact is likely to have been considered by a court and so we cannot investigate this complaint.
12. We will not investigate Mr X’s complaints about poor communication from the Council generally. Mr X’s claimed injustice is that the poor communication impacted his contact with his child and the outcome of the social worker’s assessments. However, as explained at point seven of this decision, because the primary issues complained about were considered by the courts, this complaint is too closely related to those issues and so we will not investigate this complaint.
13. Finally, we cannot achieve Mr X’s desired outcome to change the named social worker. This is because it is a personnel matter, and the law says the Ombudsman cannot investigate this type of complaint.

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Final decision

14. We cannot investigate most of Mr X’s complaints because the issues complained about have been considered by a court and the law says we cannot investigate. We did not investigate part of Mr X’s complaint because it is too closely related to the matters considered by a court.

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Investigator's decision on behalf of the Ombudsman