The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the actions of a social worker. That is because the matters he complaints about have been subject to court proceedings.
The complaint
Mr X complained about the actions of a social worker. Mr X stated that the Council’s actions meant he missed time with his mother before she passed away. He would like the Council to apologise and conduct an investigation.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council in August 2025 about the actions of a social worker during court proceedings.
The Council wrote to Mr X in August 2025 and explained that it would not consider his complaint because it related to matters that had been considered in the High Court, more than 12 months prior. The Council’s complaints policy states it will not investigate matters relating to court proceedings, or complaints older than 12 months.
We cannot investigate Mr X’s complaint, because the matters have already been considered by the court. The law says we cannot consider complaints which have been subject to court proceedings.
Final decision
We cannot investigate Mr X’s complaint because it relates to matters that have been considered in court.
Investigator's decision on behalf of the Ombudsman