The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaints about the Council’s report for court or the conduct of a social worker because these matters happened during court proceedings. Social Work England is better placed to consider Mr X’s complaint about an individual social worker’s professional practice.
The complaint
Mr X complained about the Council’s involvement regarding his children, including the accuracy of a court report and the conduct of a social worker during court proceedings.
Mr X said the matter caused him distress and frustration.
Mr X wants the Council to apologise and dismiss the social worker from their role.
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).
We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended).
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, section 34(B)).
The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about the accuracy and content of the Council’s section 37 report for court and about the conduct of a social worker during court proceedings. We cannot investigate these complaints because they are about what happened during court proceedings, and the law says we cannot investigate.
Mr X complained about a social worker’s fitness to practice. The Ombudsman cannot determine whether social workers are meeting their professional standards. Social work England is the professional body for social workers and is better placed to consider this complaint.
As part of his complaint to the Ombudsman, Mr X said he wanted the social worker to be removed from their post. We cannot investigate or make recommendations about the appointment or dismissal of staff.
Final decision
We cannot investigate Mr X’s complaints about matters considered in court. We will not investigate Mr X’s complaint about a social worker’s practice because there is another body better suited to consider that complaint.
Investigator's decision on behalf of the Ombudsman