The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s failure to answer his concerns concerning a social worker. This is because the issues Mr X raises are not separable from matters already considered before the family court.
The complaint
In summary, Mr X complains about the Council failing to respond to his concerns about a social worker’s actions and conduct.
He says the report produced in Court by the social worker was inaccurate and misleading and his health has suffered as a result.
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 have read Mr X’s complaint information.
What I found
Courts decide in cases of disputed living, care and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports used in the family court. Mr X can and could have raised his objections about the Council’s actions to the court.
Final decision
I cannot investigate this complaint. This is because the issues raised are not separable from matters decided in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman