The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker because they relate to matters considered in private law proceedings.
The complaint
The complainant, who I will refer to as Mr B, complains that a social worker was at fault in her actions in the course of private law proceedings, and in response to an allegation made about him.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B applied to the court for a child arrangement order. He complains about the actions of the social worker appointed to assess him as part of the proceedings. He also complains about the social worker’s reaction to an allegation made against him, which he says led to the Council stopping his contact with the child.
The Ombudsman cannot investigate Mr B’s complaint because it concerns matters connected with private law proceedings and contact with a child. By law, we cannot consider matters decided in Court, or anything related to them. The social worker’s actions were in connection with the matters which were for the Court to decide, and this places them outside our jurisdiction.
Final decision
We cannot investigate Mr B’s complaint because it relates to matters which have been considered in Court.
Investigator's decision on behalf of the Ombudsman