The Ombudsman's final decision
Summary: We will not investigate this complaint about how a Social Worker completed a court report. We have no jurisdiction to investigate the content of the report and it was reasonable for Mr X to raise his concerns about the conduct of the Social Worker as part of the court proceedings.
The complaint
Mr X complained about the conduct of a Social Worker who completed a report for private court proceedings. He said the Social Worker incorrectly assessed him as being a perpetrator of domestic abuse; accused him of drug-taking and sided with the mother of his child. He said the Social Worker’s conduct had affected his mental health. He wants the Council to dismiss the Social Worker from their job.
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 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
Mr X disagrees with the report the Council prepared for the Court. We have no jurisdiction to investigate matters that have been considered by the Court. That includes the contents of Court reports. Therefore, we will not investigate Mr X’s complaint the Council’s assessment of him was wrong.
We will also not investigate his complaint about the conduct of the Social Worker asked to complete that report. That is because his concerns about the Social Worker, directly relate to their assessment of him. Therefore, these are not separable from the matters considered by the Court. If Mr X was unhappy with their conduct and how they completed the assessment, it was appropriate for him to raise these concerns as part of court proceedings.
Final decision
We will not investigate Mr X’s complaint because it would have been reasonable for him to raise his concerns as part of court proceedings.
Investigator's decision on behalf of the Ombudsman