Cornwall Council (21 014 525)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 09 Feb 2022
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about the Council’s social worker’s court report and actions relating to his application for a child arrangements order at court. We cannot lawfully investigate actions which are part of court proceedings.
The complaint
- Mr X complains the Council’s social worker wrote a court report, regarding the welfare of his children, which was not accurate and contained false information. He says the social worker is biased towards the mother of the children and failed to turn up at court to avoid being questioned. Mr X says the social worker should stop playing politics and listen to his concerns.
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 Council. I have discussed the complaint with Mr X.
My assessment
- I will not investigate this complaint because it is outside the Ombudsman’s jurisdiction. We cannot investigate actions relevant to court proceedings. That includes the social worker’s court report, recommendations, and her attendance at court.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint about the Council’s social worker’s court report and actions relating to his application for a child arrangements order at court. We cannot lawfully investigate actions which are part of court proceedings.
Investigator's decision on behalf of the Ombudsman