Summary: We cannot investigate this complaint about the actions of social workers and a local safeguarding process. The matters complained of are closely linked to a court process and either were or could reasonably have been raised in court. A permanent legal bar prevents us investigating them.

The complaint

1. Mr X said a social worker wrongly involved a safeguarding officer (LADO) and then followed a flawed process that was biased against him. He said there were data issues in the Council’s records. He said the Council failed to carry out supervision visits when his children were in his care. He said the Council also took too long to deal with his resulting complaint.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
5. 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

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

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My assessment

8. All the matters Mr X complains of are closely connected with matters that were or could reasonably have been raised during court action. His original complaint to the Council, and the Council’s responses confirm there was court action regarding the care of his children. The Council’s final response states Mr X cross-examined the social worker in person during the court hearing. Even if he had played no role in the court process, the legal bar preventing us investigating would still apply.
9. That legal bar is absolute and permanent. It covers everything closely connected with the court process, from the first contact by either party onwards. We cannot consider the social worker’s opinions, whether the correct visits were carried out, or the quality and accuracy of the records the social worker created. We cannot investigate the s.7 report the social worker wrote, or the time taken by the Council to deal with Mr X’s complaint about the matters complained of.

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Final decision

10. We cannot investigate Mr X’s complaint because the matters complained of are closely related to or directly formed matters that were or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman