Summary: We will not investigate this complaint about the actions of a social worker, including what was written about Mr X and the alleged failure to safeguard his children. The matters complained either were or could reasonably have been raised in court and we have no legal authority to investigate them.

The complaint

1. Mr X said a social worker was swayed by gender, wrongly stated he was responsible for domestic abuse, and failed to safeguard his children.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The legal bar that prevents us investigating matter that formed part of court action or could reasonably have done so is wide and permanent. Although Mr X told the Council his complaint concerned the actions of the social worker and had nothing to do with family court action, they are not separable. The event giving rise to both the social worker’s involvement and the court case was the end of a relationship and disagreement about the care of children. The opinions formed by the social worker cannot be separated from matters that either were or could reasonably have been raised in court.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to matters that were or could reasonably have been raised in court.

Back to top

Investigator's decision on behalf of the Ombudsman