The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker. The complaint is not separable from matters that are subject to court action.
The complaint
Miss X complained about the actions of a social worker. She said the social worker had not listened to what her child said about abuse he suffered.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has started court action about the matter. (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
There is court action concerning where the child may live and who the child may have contact with. That means we cannot consider the social worker’s s.37 report and how she formed her opinions now or when the court action has ended. The s.37 report forms part of the court action.
Final decision
We cannot investigate Miss X’s complaint because the matters complained of are not separable from matters that are subject to court action.
Investigator's decision on behalf of the Ombudsman