Summary: We will not investigate this complaint about the actions of a social worker. This is because the complaint concerns matters which are the subject of court action, or are bound up with those matters.

The complaint

1. The complainant, Mrs X, complains that the Council’s social worker has been at fault throughout her engagement with her family and that, as a result, she and her husband are prevented from having contact with her husband’s child.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X and her husband have children from previous relationships. Her complaint follows an incident at their home which resulted in a police report to the Council. Mrs X says neither the incident nor the police report warranted action by the Council.
6. Mrs X says the Council’s social worker encouraged her former partner not to return her children to her care, and her husband’s former partner to take legal action. Her children have now returned but she and her husband are still prevented from having contact with his son.
7. Mrs X complained to the Council about the social worker’s actions. The Council has declined to accept the complaint because of the ongoing legal action.
8. The Ombudsman will not investigate Mrs X’s complaint. This is because it concerns issues which are material to the legal action or are bound up with the issues the court will decide. It is not therefore for the Ombudsman to investigate them. The Council has invited Mrs X to submit a complaint once the legal proceedings are concluded and this would be a reasonable course of action. There is no role for the Ombudsman.

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Final decision

9. We will not investigate Mrs X’s complaint because it concerns matters which are the subject of court action, or are bound up with those matters.

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Investigator's decision on behalf of the Ombudsman