Summary: We will not investigate this complaint about how a social worker managed Mr X’s case because there is no worthwhile outcome we could achieve by investigating. We cannot investigate the Council’s actions in matters subject to court proceedings.

The complaint

1. Mr X complains the social worker was unprofessional and biased during his family’s case that was considered in court proceedings. He believes this has caused him undue distress and financial loss.

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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 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 no worthwhile outcome achievable by our investigation; or
• the issues could reasonably be, or have been mentioned as part of the legal proceedings in a closely related matter.

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

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How I considered this complaint

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

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My assessment

7. Mr X complains the social worker was biased in support of the mother of his children. He believes the social worker encouraged no contact between his children and himself. The Council cannot direct arrangements between the children’s mother and Mr X over residence and contact; those matters are for the court. It would be reasonable for Mr X to raise his concerns in existing court action.
8. The court action that may have caused distress or financial loss to Mr X was decided by the court, not the Council. It is unlikely further investigation would find a direct connection between the Council’s actions and any injustice caused separately to Mr X. So, we will not investigate this point as there is nothing we could achieve.
9. We cannot consider Mr X’s complaint about matters that have been subject to court proceedings. The law prevents us from investigating complaints about matters that have been raised and considered in court proceedings, including evidence and reports the Council provided.

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Final decision

10. We will not investigate Mr X’s complaint because there is no worthwhile outcome we could achieve by investigating and the law prevents us from investigating the Council actions in or for the court.

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Investigator's decision on behalf of the Ombudsman