Summary: We will not investigate Mr X’s complaint of the Council’s bias against him in matters involving his children. The law prevents us from investigating anything that is or has been to court. Other bodies are better placed to consider Mr X’s complaints about an individual Social Worker and the accuracy of Council records about him.

The complaint

1. Mr X complains the Council’s Social Worker allocated to his children has acted with bias against him and in favour of their grandmother. He also complains about the accuracy of information the Council holds about him. He wants an apology, compensation and for the Social Worker to receive training on bias.

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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 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 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))
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)
6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

8. The Council has responded to Mr X’s concerns about alleged bias by the Social Worker allocated to his children’s case outside its corporate complaint procedure. The Council has found no evidence of bias by the Social Worker. It has advised Mr X to raise any concerns he may continue to have about contact arrangements for his children with the court.
9. Mr X’s complaints about specific actions and general attitude of a Social Worker fall outside our remit to investigate. Our role is to look into the Council’s actions as a corporate body, rather than to investigate an individual. If Mr X has concerns about the professionalism or conduct of an individual social worker, he can report his concerns to their professional body, Social Work England.
10. 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 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 a child’s best interest and on any matters of dispute.
11. Mr X complains the Council has removed key information about him from its records. The Council has invited Mr X to provide evidence about this, which it will include to case records for his children. This is in line with the action we would typically expect councils to take in these circumstances. Because of this, there is nothing more we could achieve for Mr X by investigating this specific issue.
12. If Mr X believes the Council’s records contains false or inaccurate information about him, he may pursue his right to rectification. It is open to him to bring this concern to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider this.

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Final decision

13. We will not investigate Mr X’s complaint because the law prevents us from investigating his concerns in relation to court proceedings. Other bodies, such as Social Work England and the Information Commissioner’s Office are better placed to consider his remaining concerns.

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Investigator's decision on behalf of the Ombudsman