The Ombudsman's final decision
Summary: We will not investigate this complaint about the content of an early help assessment completed by a social worker. This is because the complaint concerns matters which may be raised in the course of private law proceedings, or are closely related to such matters.
The complaint
The complainant, who I will refer to as Mr X, complains that the Council’s social worker produced a false and dishonest assessment of his daughter’s needs.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council carried out an early help assessment relating to one of Mr X’s children. Mr X alleges that the social worker deliberately failed to include evidence he provided which demonstrated safeguarding concerns for both of his children.
Mr X says the resulting assessment was false and dishonest. He contends that it fails to recognise the safeguarding issues and that its content is misleading to other bodies, such as Cafcass.
The Ombudsman will not investigate Mr X’s complaint. The evidence shows that the care of his child is the subject of private law proceedings. This will give Mr X the opportunity to air his concerns about his daughter’s welfare and to challenge the Council’s views in court, if he wishes to do so. The fact that this is available to him means it is not appropriate for the Ombudsman to intervene and we will not do so.
Final decision
We will not investigate Mr X’s complaint because it concerns matters which may be raised in court, or are closely related to such matters.
Investigator's decision on behalf of the Ombudsman