The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and the living arrangements of their child. This is because we cannot consider complaints linked to court proceedings or achieve the outcome the complainant wants.
The complaint
The complainant, whom I shall call Miss X, complained about the Council’s involvement with her family. Miss X is unhappy with her child’s living arrangements and a lack of contact. Miss X wants her child returned to her care. Miss X is unhappy with the social worker involved in her case.
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) 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) We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Miss X’s complaint.
The living arrangements for Miss X’s child were decided in court. We have no powers to challenge decisions taken by the Court. If Miss X wants to challenge her child’s living arrangements she needs to return to court. We cannot achieve the outcome Miss X wants.
Miss X also complained in general about the social worker involved in her case. But the conduct of the social worker is intrinsically linked to matters considered and decided in court and cannot be separated. We will not consider them.
The Health and Care Professions Council (HCPC) is the regulatory body for social workers in England. It is open to Miss X to contact the HCPC with any general concerns she has about the social worker involved in her case.
Final decision
We will not investigate Miss X’s complaint. We cannot consider complaints about court proceedings or achieve the outcome Miss X wants.
Investigator's decision on behalf of the Ombudsman