The Ombudsman's final decision
Summary: We cannot investigate this complaint about the safety of Miss X’s child. This matter is not separable from those considered by a court that decided where Miss X’s child should live. Only another court can change those arrangements and it would be reasonable for Miss X to return to court.
The complaint
Miss X said her ex-partner was abusive and she wanted her child removed from his care. She said a social worker had been taken in by him and this had affected what she told a court.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint concerns the opinions the social worker formed and the evidence she gave to the court.
Final decision
We cannot investigate Miss X’s complaint because the matters complained of are not separable from those that were before the court. Mis X has a right to return to court that it would be reasonable to use to seek new arrangements for her child.
Investigator's decision on behalf of the Ombudsman