Nottinghamshire County Council (24 009 668)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 13 Nov 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the actions of a social worker. These are closely linked to matters concerning the contact and/or residence arrangements for Mr X’s children, which were the subject of court action. We are legally prevented from investigating these matters.
The complaint
- Mr X said there was multiple misconduct by a social worker. He said she lied, and her actions led to him being homeless and unable to see his children due to a court order. He said a new team had since taken over and reached different decisions that suggested the previous social worker’s actions were unjustified.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Both Mr X in his complaint to us, and the copy of the Council’s final response to him that he provided, indicate there has been court action regarding access to his children. The Council final response states the social worker was asked to write a s.7 report for the court and that there have been court hearings before and since.
- A legal bar prevents us investigating any matter where any party has made an approach to a court, starting from the first contact. That bar also extends to related matters, including what a person may have written or the opinions they formed and gave. This is because they are closely related to the court process. The bar is wide-ranging and permanent.
- I cannot therefore reach any view about whether the social worker lied, was wrong, or was biased against Mr X. Nor can I comment on whether her actions were unjustified or amounted to misconduct. Her actions took place in the context of her involvement in deciding the contact and/or residence arrangements for Mr X’s children. Therefore, the matters Mr X now complains of either were or could reasonably have been raised in court.
Final decision
- We cannot investigate Mr X’s complaint because the matters he complains of either were or could reasonably have been raised during court proceedings. A legal bar prevents us investigating them.
Investigator's decision on behalf of the Ombudsman