The Ombudsman's final decision
Summary: We cannot investigate this complaint about a social worker sharing information with a family support worker relating to Miss X’s contact with her children. The law prevents us from investigating anything that is or has been the subject to the conduct of court proceedings.
The complaint
Miss X has complained that their social worker gave wrong information to the Children and Family Court Advisory Service (CAFCASS) about her visits with her children.
Miss X said that this affected her visits and has impacted her emotional wellbeing and caused significant stress.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said that the social worker in this case told CAFCASS incorrect information about her visits with her children.
These are matters which are being considered in family court proceedings and the law prevents us from becoming involved in matters that are or have been the subject of court proceedings. We have no power to intervene or make decisions in place of the court. Consequently, we cannot investigate Miss X’s complaint.
Final decision
We cannot investigate Miss X’s complaint because law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman