Summary: We cannot investigate most of Mr X’s complaint about the Council’s social care report for court. The matter complained about is being considered by the courts and the law says we cannot investigate. We will not investigate the remainder of the complaint because Mr X can take the matter to Social Work England.

The complaint

1. Mr X complains about the Council’s social care report for court. Mr X said the report was biased and inaccurate. Mr X also complained about the professional practice of social workers.
2. Mr X said the matter caused him frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

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How I considered this complaint

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

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My assessment

9. We cannot investigate Mr X’s complaints about the content of the Council’s social work report for court. This is because the report was ordered by the court. The law says the Ombudsman cannot investigate a complaint about what happened in court. This includes the quality and content of social work reports ordered by the courts. Therefore, we cannot investigate this complaint.
10. Mr X also complained about the social worker and their practice including being biased and unprofessional. The Ombudsman cannot determine whether social workers are meeting their professional standards. If Mr X is concerned about the practice of the social worker, he could raise a complaint with the relevant professional body, Social Work England.

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Final decision

11. We cannot investigate most of Mr X’s complaint because the matter complained about is being considered by the courts. We will not investigate the remainder because Mr X can submit a complaint to Social Work England.

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Investigator's decision on behalf of the Ombudsman