The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of the Council’s children’s services prior to some of the complainants’ children being taken into care. This is because we cannot investigation complaints about matters that either were or could have been discussed in court.
The complaint
Mrs X complains about the actions of the Council’s children’s services. She complains about how the Council carried out enquiries and assessments after a safeguarding concern was received about the care of her children. She also complains about the conduct of social workers involved in the case. Mrs X wants compensation, for staff to be dismissed and her children returned to her care.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mrs X’s complaint. The law prevents the Ombudsman from considering what happens in court. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.
The Council’s assessments were discussed in court. If Mrs X was unhappy with has been discussed in court, she had the opportunity to challenge what was said by the Council during the hearing. It is not something we can consider. We cannot consider the contact arrangements between Mrs X and her children. Mr X’s complaint is not one we can investigate.
Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable, nor to suggest they are sacked. If Mrs 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 cannot investigate Mrs X’s complaint because it concerns matters that either were or could have been raised in court.
Investigator's decision on behalf of the Ombudsman