The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and the conduct of a social worker. This is because we cannot investigate complaints linked to legal proceedings. This includes the content of reports. The actions of the social worker cannot be separated from matters which are outside our jurisdiction. Also, we cannot achieve the outcome the complainant wants.
The complaint
The complainant, whom I shall refer to as Ms X, complained about the conduct of a social worker and the content of a report they produced. Ms X says the report is inaccurate and wants the social worker changed. The Council says it will not investigate Ms X’s complaint because of ongoing legal proceedings.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Ms X’s complaint.
We cannot consider matters which have been discussed in court or which could reasonably be raised in court. We cannot consider complaints about the preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings. We cannot consider complaints about the evidence given in court by council officers. Such matters are outside our jurisdiction with no discretion to consider them. If Ms X has concerns about any information produced by the social worker, she can raise them in court.
The conduct of the social worker is intrinsically linked to the content of the report and cannot be separated. It is not for us to say if the social worker should be changed. That is a decision for the Council. We cannot therefore achieve the outcome Ms X wants.
The Health and Care Professions Council (HCPC) is the regulatory body for social workers in England. It is open to Ms X to contact the HCPC with any general concerns she has about the social worker involved in her case.
Final decision
We will not investigate Ms X’s complaint because we cannot consider complaints about what happens in court or matters which are linked to court proceedings. We also cannot achieve what Ms X wants.
Investigator's decision on behalf of the Ombudsman