Summary: We will not investigate Mr X’s complaint about the actions of the Council’s children’s services. Most of the issues raised relate to what has happened in court. There is insufficient evidence of fault with the Council regarding Mr X’s housing situation and Social Work England are better placed to deal with his complaint about the conduct of a social worker.

The complaint

1. Mr X complains that information provided by the Council to the courts has impacted the care and contact arrangements of his daughter. Mr X also complains about the conduct of a social worker and that the actions of the Council have led to him losing his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

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

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My assessment

6. I cannot investigate Mr X’s complaint about information shared by the Council with the courts during ongoing proceedings to determine the care and contact arrangements of his daughter. The law prevents us from investigating what happens in court and this includes the contents of reports that councils provide during proceedings.
7. I will not investigate Mr X’s complaint that the Council are responsible for him leaving his home. This is because this decision was made by his child’s mother and not the Council. There is therefore no evidence of fault with the Council in this regard.
8. Finally, I will not investigate Mr X’s complaint about the conduct of a social worker. This is because Social Work England are better placed to consider complaints about the professional conduct of individual social workers.

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Final decision

9. We will not investigate Mr X’s complaint because most of the issues raised relate to what has happened in court. There is insufficient evidence of fault with the Council regarding Mr X’s housing situation and Social Work England are better placed to deal with his complaint about the conduct of a social worker.

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Investigator's decision on behalf of the Ombudsman