The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker in relation to Miss X. There has been recent court action in respect of one of Miss X’s children, and we are legally prevented from investigating matters that have been or could reasonably have been raised in court. Investigating the content of a phone call where there were no independent witnesses would be unlikely to lead to a finding of fault or to the outcome Miss X is seeking.
The complaint
Miss X said the Council had not taken her complaint seriously, but had lied and fabricated matters. Her complaint to the Council was about what a social allegedly said during a phone call, and the Council’s version of matters relating to a child about whom it took court action. She did not want the social worker involved in a pre-proceedings meeting, or her other children to be discussed at the meeting. Miss X wanted the Council to take her complaint seriously.
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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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 not enough evidence of fault to justify investigating, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The correspondence Miss X provided showed the Council has taken court proceedings regarding one of Miss X’s children. The complaint about the Council’s version of matters relating to the child about whom it started court proceedings is clearly related to the matters before the court. We are legally barred from investigating it. The actions of the social worker are also closely related to the decisions the Council made about the child’s care, which was the subject of the court action.
It is clear that Miss X was worried that, given the Council’s actions in seeking a court order in respect of one child, the social worker might question her ability to care for her other children. That relates to Miss X’s fitness to care for her children, and is closely linked to the matters before the court. Ultimately, if the Council took the view that Miss X should not care for her children, that would be a matter only a court could decide.
The content of a phone call during which Miss X alleged the social worker threatened her with the loss of other children, and where the Council alleged she used an unacceptable term to the social worker, is also likely to be closely connected to matters before a court. This is because it again relates directly to Miss X’s fitness to care for her children. However, even if it were not, it is unlikely that we could establish exactly was said by both parties during a phone call without independent witnesses.
The outcomes Miss X is seeking also relate directly to matters likely to be decided by a court.
Final decision
We will not investigate Miss X’s complaint because: The majority of the matters complained of are closely linked to matters subject to court action, that we cannot legally investigate; and Even if it were separable from that, investigating the content of a phone call without independent witnesses would be unlikely to lead to a finding of fault or to the outcome Miss X is seeking.
Investigator's decision on behalf of the Ombudsman