The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint that the Council’s social worker failed to properly assess the needs of her child and made inappropriate recommendations to the family court on contact with the father. We cannot investigate a court report or the assessment because they are part of court proceedings.
The complaint
Mrs X complains the Council has failed to properly assess the needs of child A and her family and produce a competent court report since asked to do so by the family court in late 2020. Mrs X says the Council’s court report, in the summer of 2021, was incomplete, not holistic, and based on a flawed assessment. Mrs X says the Council’s social worker misled the Court and failed to inform it she was newly qualified. Mrs X says the Council’s assessment failed to properly consider the relationship between child A and her father, failed to properly consider the impact of domestic violence and coercive control, failed to gather information from all family members and significant professionals. Mrs X says the Council allowed unsupervised contact between child A and her father which caused distress. She says the Council’s review of contact for the court was flawed. Mrs X says the Council has refused to deal with her complaint because the court case continues. She says the Council should offer training to its staff. Mrs X says the Court has ordered the father to undertake perpetrator work but this should have been done earlier.
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 Mrs X’s information and comments.
My assessment
I cannot investigate this complaint for the following reason: The Ombudsman cannot investigate actions which are part of court proceedings (see paragraphs 2 and 3). This includes the social worker’s assessment of child A’s needs, living arrangements, and contact. A court report and recommendations to court are outside jurisdiction.
Mrs X would need to raise her concerns and disagreement with the Council’s social worker’s assessment at court. The court when making decisions is required to consider the best interests of child A.
Final decision
The Ombudsman cannot investigate Mrs X’s complaint the Council’s social worker failed to properly assess the needs of her child and made inappropriate recommendations to the family court on contact with the father. We cannot investigate a court report or the assessment because they are part of court proceedings.
Investigator's decision on behalf of the Ombudsman