The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the preparation and content of a Court report. We will not investigate Mr X’s complaint about a social worker’s professional conduct as there is another body better placed to do so.
The complaint
The complainant, whom I shall call Mr X, complains about a children services social worker’s conduct.
The Ombudsman’s role and powers
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) 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) 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)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about the unprofessional behaviour of a children service’s social worker. In the Council’s reply to him it explained the officer’s conduct included their involvement in the production of a section 37 report.
As part of private law proceedings involving children, the court may ask the Council to produce a section 37 report. The court will then consider the report as part of its decision making.
Because section 37 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content. This includes the meetings held to discuss the report, conversations with Mr X for the report and how, and when, the Council gives Mr X the report.
Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. For Mr X’s concerns about the professional conduct of an individual social worker, it is reasonable to expect him to report his concerns to their professional body, Social Work England.
Final decision
We cannot and will not investigate Mr X’s complaint because we cannot investigate the preparation of a court report and Social Work England are better placed to consider his complaint about a social worker’s professional conduct.
Investigator's decision on behalf of the Ombudsman