The Ombudsman's final decision
Summary: We cannot investigate some of Miss X’s complaint, including the Council’s conduct during court proceedings or social work reports made for court, because the law says we cannot investigate matters considered by court. We will not investigate Miss X’s complaints about the Council’s organisation of contact between her and her child because court proceedings are ongoing, and it is reasonable for Miss X to raise those concerns with the court.
The complaint
Miss X complained about: the accuracy of the Council’s social work reports for court; the Council’s conduct in relation to court proceedings; matters relating to contact between Miss X and her child, Y; and the conduct and professionalism of a social worker.
Miss X says the matters have caused her distress and frustration.
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 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
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 cannot investigate Miss X’s complaints about the accuracy of social work reports, the Council’s conduct during court proceedings, or when court dates were set. This is because the law says we cannot investigate any matters considered or determined by a court.
We will not investigate Miss X’s complaints about how the Council organised contact between her and her child. This is because the matters complained about are linked to matters being considered by the courts. Therefore, it is reasonable for Miss X to raise her concerns as part of the court proceedings.
We will not investigate Miss X’s complaints about a social worker’s conduct and professional capability. The Ombudsman cannot determine whether social workers are meeting their professional standards. Therefore, it is reasonable for Miss X to raise her concerns with the social worker’s professional body, Social Work England.
Final decision
We cannot investigate Miss X’s complaints because the matters complained about are being considered by a court, and the law says we cannot investigate. We will not investigate some of Miss X’s complaints because the matters can be raised during court proceedings.
Investigator's decision on behalf of the Ombudsman