The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a social worker’s report and recommendations because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been, or are being, considered in court proceedings. We have no discretion to do so.
The complaint
The complainant, whom I shall call Mr X, complains a social worker has made numerous errors in her report for ongoing family court proceedings. Mr X says this has caused him and his children stress and anxiety.
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)
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 X complained about a social worker’s report and recommendations completed in relation to ongoing family court proceedings. Mr X said there were numerous errors and the social worker’s recommendations put his children at risk of danger.
The Council told Mr X it cannot consider his complaint due to the matter being subject to court proceedings. The Council explained its complaints procedure cannot challenge or overturn the court’s decision and Mr X could challenge the report during the proceedings.
Final decision
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from considering matters that are being, or have been, considered in court. This restriction also applies to reports completed for the court. Any concerns Mr X has about the social worker’s report and recommendations should be raised to the court during the proceedings so the court can consider his comments before it makes a decision. It is not a matter the Ombudsman can consider.
Investigator's decision on behalf of the Ombudsman