Summary: We cannot not investigate this complaint about the actions of social workers. This is because the actions and opinions of social workers, and what they wrote, are closely related to the conduct of court proceedings about access to Mr X’s child. They either were or could reasonably have been raised in court. Legal costs are also a matter for a court to determine.

The complaint

1. Mr X said the conduct of two social workers was unprofessional. He said he incurred high legal costs in seeking access to his child. He said the report they wrote and their attitude to him made that more difficult and expensive. He wanted the Council to pay part of his legal costs.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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)
6. 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))
7. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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Final decision

10. We cannot investigate Mr X’s complaint because the matters complained of are closely linked to court proceedings concerning access to a child. They either were or could reasonably have been raised in court. Legal costs are also a matter for a court to determine and it would be reasonable for Mr X to use his right to return to court to seek legal costs.

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Investigator's decision on behalf of the Ombudsman