The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions concerning Mrs X’s parenting and the contact arrangements and residence of her children. The matters complained of are not separable from those subject to court action and in respect of which it would be reasonable for Mrs X to return to court.
The complaint
Mrs X said social workers wrote lies about her and treated her as unsafe around her children. She wants restrictions on her contact with her children lifted.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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
The contact and residence arrangements for Mrs X’s children have been set by a court. Only another court can vary that. The opinions of social workers and the reports they write are part of that process and are subject to challenge in court.
Final decision
We will not investigate Mrs X’s complaint because: we cannot investigate matters that have been or could have been raised during court action; and Mrs X has a right to return to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman