The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker. This is because these actions were in the context of preparing a report for the Court and we therefore have no jurisdiction to consider them.
The complaint
The complainant, Mr X, complains that the Council’s social worker has acted with bias against him.
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 considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s children are the subject of private law proceedings. As part of the proceedings, the Court has asked the Council to produce a report under Section 7 of the Children Act 1989. Mr X complains that the social worker tasked with completing the report has acted with bias against him.
The Ombudsman cannot investigate Mr X’s complaint because his involvement with the social worker has been in the context of the production of a Section 7 report. As part of private law proceedings involving children, the Court may ask the Council to produce a Section 7 report. The Court will then consider the report as part of its decision making. Because Section 7 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.
Final decision
We cannot investigate Mr X’s complaint because it concerns the Council’s actions in the preparation of a report for the Court.
Investigator's decision on behalf of the Ombudsman