The Ombudsman's final decision
Summary: We will not investigate this complaint about information the Council recorded in assessments concerning the care arrangements of the complaints grandchildren. This is because the matter has been subject to court proceedings. Social Work England is better placed to consider complaints about professional conduct.
The complaint
The complainant, who I will call Miss X, complains about the actions of the Council’s children’s services in relation to her grandchildren. She complains that the Council provided inaccurate information and subsequently disclosed that information in court proceedings which decided upon the care arrangements of the children. She says this has negatively affected her daughter and that the children should be returned to her care. Miss X also complains about the professional conduct of a social worker
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) The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Miss X’s complaint about inaccurate information provided to the courts in an assessment and in person by a social worker. This is because the law does not allow us to investigate any matter that has been subject to court proceedings. Furthermore, we cannot achieve what Miss X wants which is for the children to be returned to their mother’s care. This is something only the courts can achieve.
We will not investigate Miss X’s complaint about the conduct of a social worker. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Miss X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.
Final decision
We will not investigate Miss X’s complaint because the matter of the children’s care arrangements has been subject to court proceedings and it is reasonable for her to complaint to Social Work England about the conduct of a social worker.
Investigator's decision on behalf of the Ombudsman