The Ombudsman's final decision
Summary: We cannot investigate most of Mr X’s complaint about the Council’s social care report for court or the involvement of its children’s services. The matter complained about was considered by the courts, and the law says we cannot investigate. We will not investigate the remainder of the complaint because Mr X can take the matter to Social Work England.
The complaint
Mr X complained about the Council’s children’s services involvement with his family including the quality of social work interventions and assessments, and the social worker’s professional practice.
Mr X said the matter caused him frustration and distress.
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 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, section 34(B)) The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
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 cannot investigate Mr X’s complaints about matters considered by a court.
Mr X’s complaints are primarily about the quality of social work assessments and reports for court, including a section 7 report and the way a social worker investigated his concerns about parental alienation. These were matters raised during court proceedings. The law says the Ombudsman cannot investigate matters considered by a court as explained in point four of this decision. Consequently, we cannot investigate this complaint.
Mr X also complained about the social worker and their practice. The Ombudsman cannot determine whether social workers are meeting their professional standards. If Mr X is concerned about whether the social worker is meeting their professional standards he could raise a complaint with the relevant professional body, Social Work England.
Final decision
We cannot investigate most of Mr X’s complaint because the matter complained about was considered by a court. We will not investigate the remainder because Mr X can submit a complaint to Social Work England.
Investigator's decision on behalf of the Ombudsman