The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaints which are inextricably linked with his child’s care, as the Court is currently considering the child’s care. Social Work England is better placed to consider his complaints about professional conduct.
The complaint
The complainant, whom I shall call Mr X, complains about the conduct of officers within the Council’s children services team.
The Ombudsman’s role and powers
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) 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 can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
I considered Mr X’s comments on a draft version of this decision.
My assessment
Mr X says that in June 2021 the Council says his elder child made an allegation against him. As they are over 16 the Council did not need Mr X’s consent for them to move out of the family home. In early August, Mr X says the police arrested him in connection with his elder child’s allegation. He says he was released on police bail which included the condition that he could not be unsupervised with his younger child, D.
Mr X says the Council removed D from the family home without parental consent, a court order or a police order. The Council started court care proceedings in mid September 2021, which continue.
Mr X complains about D’s removal and the behaviour of the officers involved. He says social workers told D incorrect information. He believes officers pressurised both D and their elder sibling. He says D should be living in the family home.
We cannot investigate D’s care arrangements as the court is currently considering this. We could potentially consider the period between D leaving the family home and court proceedings starting, but it is not appropriate to do so until the court proceedings have finished. The extent of any injustice to Mr X of any fault would be speculative until we know the Court’s view on the situation.
Mr X complains about the professional conduct of social workers involved with his family.
Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Mr X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect him to report his concerns to their professional body, Social Work England.
Final decision
We will not and cannot investigate this complaint. This is because we cannot investigate the child’s care arrangements as the Court is considering this. And Social Work England is better placed to consider his complaints about professional conduct.
Investigator's decision on behalf of the Ombudsman