The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council not thoroughly investigating concerns about a social worker. The matters complained of are not separable from matters that form part of court proceedings.
The complaint
Ms X said the Council was not thoroughly investigating concerns about an employee who works with children.
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 have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered an earlier recent complaint by Ms X, 21 015 515.
My assessment
The Council has produced a s.37 report for a family court. Ms X says the report is inaccurate and that the social worker who wrote it has an inappropriate relationship with her ex-partner.
The report forms part of a court process. It would be or have been reasonable to raise the content of the report and the credibility of the social worker who wrote it in court.
Regardless of the Council’s actions in suspending Ms X’s complaint during court action, or in refusing to consider her complaint as a safeguarding matter, the commencement of court action means we cannot investigate these matters. That will remain the case when the court case has ended, as it is the relationship of the matters complained of to court action, and not whether the court action is current or concluded that determines our jurisdiction.
Final decision
We cannot investigate Ms X’s complaint because the matters complained of are not separable from the content of the court report and the opinions and credibility of the person who wrote it. Thus, they are not separable from the conduct of court proceedings.
Investigator's decision on behalf of the Ombudsman