The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s parental assessment of Miss X and the actions of its social workers. A court considered the assessment. We cannot investigate what happened in court. There is insufficient evidence of fault in the Council’s actions to justify an investigation.
The complaint
Miss X complains the Council failed to carry out an adequate parenting assessment for family court proceedings. She also complains the Council’s social workers were biased, unqualified and forced her to change the content of a letter to her son.
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) 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A court made a final order to remove Miss X’s son, Y, from her care in July 2023.
Miss X complained to the Council that its parenting assessment for the court was inadequate. We cannot investigate this complaint. The assessment was considered by the court. We cannot investigate complaints about what happened in court.
Miss X also complained the Council’s social workers were biased, unqualified and forced her to change the content of a letter she wrote to her son in 2023. The Council considered Miss X’s complaint. It confirmed its social workers were all suitably qualified and it was satisfied they had acted appropriately when working with Miss X.
We will not investigate this complaint. The Council has appropriately responded to Miss X’s concerns and I have seen no evidence to support Miss X’s complaint that the social workers were biased or forced her to change the content of her letter. There is not enough evidence of fault to justify investigating.
Final decision
We will not investigate Miss X’s complaint because we cannot investigate what happened in court and there is not enough evidence of fault to justify investigating the other parts of the complaint.
Investigator's decision on behalf of the Ombudsman