Summary: We will not investigate Mr X’s complaint about the social worker allocated to his child’s case. This is because there is no sign of fault in the Council’s decision not to consider his complaint until the ongoing court proceedings have concluded.

The complaint

1. Mr X complains about the social worker allocated to his daughter’s case. He says the Council has failed in its role to help him protect a child in need. The case is subject to ongoing court proceedings.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr X complained to the Council about his daughter’s allocated social worker.
9. The Council told Mr X it could not consider his complaint via its complaints procedure whilst the case is subject to ongoing court proceedings. It explained it made this decision in line with the statutory guidance which gives it discretion to decide not to investigate a complaint where it could prejudice concurrent proceedings to do so. It told Mr X it would be open to him to resubmit his complaint for consideration once the court proceedings have concluded. It advised Mr X to raise his concerns to his legal representative so that they can be raised to the court during the proceedings.
10. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider his complaint whilst there are ongoing court proceedings. As set out in the Council’s response, this is a decision it has discretion to make. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not put at risk of being prejudiced by a concurrent investigation.
11. Mr X can resubmit his complaint to the Council once the proceedings end to see whether there are any residual matters it can consider which were not, and could not have been, raised and considered during the proceedings.
12. We cannot investigate complaints about matters that are being, or have been, considered in court or which could have been raised to the court during proceedings. Such matters lie outside our jurisdiction and the law says we have no discretion to consider them.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to investigate the complaint whilst there are ongoing court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman