The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council removing Miss X’s child and the late submission of a court report. The matters complained of are not separable from those subject to court action.
The complaint
Miss X said a social worker intervened in October 2020 to separate her from her child. She said the social worker then wrote a false and defamatory report, together with a substantial report ordered by a court that was provide to court over a year too late. She said the social worker allowed her ex-partner to move her child away without revealing the address. She said the late report ruined her chances of getting her child back.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint relates to the contact and residence arrangements for a child, which have been subject to court action.
Final decision
We cannot investigate Miss X’s complaint because the matters complained of are not separable from matters that were or could reasonably have been raised during court proceedings. Only a court could change the contact or residency arrangements for the child, and it would be reasonable for Miss X to return to court if she were to wish to get her child back.
Investigator's decision on behalf of the Ombudsman