The Ombudsman's final decision
Summary: We cannot investigate this complaint about the improper involvement of a social worker in a social care case involving Mrs X’s adult son, Mr X. The likely injustice relates to court orders affecting Mr X, and so the complaint is not separable from court proceedings.
The complaint
Mrs X said a social worker was wrongly involved in a social care case concerning Mr X because she had a personal connection.
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 courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
There is no doubt that a social worker who had a personal connection to Mr X signed off an assessment when she should have had no involvement in the case. The Council accepted this in its response to Mrs X’s complaint. The Council denies the social worker had any other involvement, though Mrs X does not necessarily accept this assurance.
Mrs X told me that the result of the Council’s social care involvement led to court orders affecting Mr X. Essentially, the claimed injustice flowing from the matter complained of is court orders and restrictions imposed on Mr X. These court orders mean the matter about which Mrs X complains is not separable from the proceedings of a court.
Final decision
We cannot investigate Mrs X’s complaint because the matter about which Mrs X complains is not separable from the proceedings of a court.
Investigator's decision on behalf of the Ombudsman