The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council’s social worker delayed providing evidence to a court dealing with his application for a child arrangement order and has not implemented a recent court direction to facilitate contact. The Ombudsman cannot lawfully investigate because the actions are part of court proceedings.
The complaint
Mr X complains the Council delayed providing a report to a court considering his application for contact with his son. He complains the Council’s assessment provided last year is poor. He says the Council has not yet acted on a further court order, this year, requiring it to facilitate supervised contact at a contact centre. Mr X says the Council has caused him stress and should arrange the contact.
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 have considered Mr X’s information and comments. The information includes the Council’s stage 1 reply to his complaint and the court order dated 31 January 2022.
My assessment
I cannot investigate this complaint for the following reasons: The Ombudsman cannot lawfully investigate what happens in court or actions relating to court proceedings (see paragraphs 2 and 3 above). This includes the Council’s reports to court and whether it complies with court directions in an ongoing case.
The Court has recently ordered the Council to provide a ‘section 37 report’ (Children Act 1989) and that the social worker/author attends court. The Court is considering the welfare of Mr X’s child, the child protection issues, and contact. Mr X can raise his concerns with the Court.
Final decision
The Ombudsman cannot investigate Mr X’s complaint the Council’s social worker delayed providing evidence to a court dealing with his application for a child arrangement order and has not implemented a recent court direction to facilitate contact. The Ombudsman cannot lawfully investigate because the actions are part of court proceedings.
Investigator's decision on behalf of the Ombudsman