Summary: We cannot investigate Mr X’s complaint about the conduct of a Social Worker. The complaint is late and the Social Worker’s report has more recently been considered by the court.

The complaint

1. Mr X complained about how the Council completed an assessment for the Court. He said the Social Worker assigned to his case:
• displayed bias, favouring the mother as the primary caregiver for the children;
• focussed on information provided by the police; and
• recorded an argument between Mr X and his wife, as a serious incident of domestic abuse.
2. Mr X said the Social Worker’s actions caused unnecessary distress to him and his family, negatively impacting their wellbeing. He is asking for an independent Social Worker, unconnected to the Council, to be reassigned his case as he no longer has confidence in the Council's objectivity.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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))
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X said a Social Worker assigned to his case in 2022 made inappropriate comments and displayed rude behaviour towards him. He said he felt the Social Worker had a preconceived bias towards the children needing to be with their mother. He said the Social Worker had ignored Mr X’s evidence and views in the matter.
10. Mr X did not complain to the Ombudsman until 2024. Therefore, his complaint about the Social Worker’s conduct is late and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion. Mr X could have complained to us sooner if he was unhappy with the Council’s actions in 2022.
11. In any event, even if the complaint was not late we would not investigate. That is because the report produced by the Social Worker formed part of court proceedings.
12. The law says we cannot investigate matters that have been or are being considered by the courts. That includes any reports completed by the Council that form part of court proceedings. If Mr X had any concerns about the content of the Council’s report, it was appropriate for him to raise these during court proceedings.

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Final decision

13. We cannot investigate Mr X’s complaint because it is late and part of it has formed part of court proceedings.

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Investigator's decision on behalf of the Ombudsman