The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker during care proceedings, because the issues could reasonably have been mentioned as part of the proceedings.
The complaint
Mrs X complained that the Council’s social worker lied in court proceedings with the intention of having her children removed from her care. Mrs X said she and her children experienced distress that is ongoing. She wanted an apology and compensation.
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) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council began care proceedings in respect of Mrs X’s children. The children were not, in the event, removed from her care. The proceedings were terminated, as was social care involvement.
We will not investigate Ms X’s complaint as it is closely related to the circumstances under which the Council commenced proceedings in court. We have no power to investigate the Council’s representations to court, and we also would not investigate anything Ms X could have raised during those proceedings.
Final decision
We will not investigate Mrs X’s complaint about the actions of a social worker during care proceedings, because the issues could reasonably have been mentioned as part of the proceedings.
Investigator's decision on behalf of the Ombudsman