Summary: We will not investigate this complaint about children’s services. The law prevents us from investigating complaints about what happened in court. Additionally, Social Work England are better placed to consider and decide if social workers are meeting their professional standards.

The complaint

1. Mr X complained about the Council’s safeguarding, decision making and record keeping regarding his child. Mr X also complained about the performance of a social worker.
2. Mr X said this caused distress.
3. Mr X wants the Council to consider his complaint about the matter.

Back to top

The Ombudsman’s role and powers

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)
6. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

9. The matters Mr X complains about are inseparable from the court proceedings that took place. We cannot investigate this part of the complaint. The law prevents us from investigating complaints about what happened in court. Mr X had the opportunity to raise his concerns with the court during the court proceedings.
10. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
11. We will also not investigate Mr X’s complaint about the performance of a social worker. 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.

Back to top

Final decision

12. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about what happened in court. Additionally, Social Work England are better placed to consider and decide if social workers are meeting their professional standards.

Back to top

Investigator's decision on behalf of the Ombudsman