Summary: We will not investigate Mr X’s complaint about the Council’s handling of matters involving children he is related to. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Mr X complains about the attitude and behaviour of the Social Worker allocated to children he is related to. He believes the Social Worker has put he children at risk of harm by their mother. He wants the Council to ensure the case is dealt with in a fair and balanced way to avoid the father being alienated from his children.

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The Ombudsman’s role and powers

2. 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)
3. 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))
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
5. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

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

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My assessment

8. The Council has explained why it cannot consider Mr X’s complaints. It has advised:

• complaints about the professional competence and practice of social workers are matters for their regulator – Social Work England;
• Mr X does not have parental responsibility for the children involved nor has he provided evidence to show he has permission to make a complaint on behalf of someone who does have parental responsibility;
• Mr X’s concerns appear to relate to the content of a report produced for the court about the children. These are matters which Mr X’s relative, the children’s father, can raise as part of the ongoing court proceedings.

9. In the same way as the Council, the law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Mr X’s relative to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the children’s best interest and on any matters of dispute.

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Final decision

10. We will not investigate Mr X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman