The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in court proceedings. The law prevents us from considering what happens in court, and we will not investigate peripheral matters that are reasonable to raise as part of proceedings.
The complaint
Mrs X complained about the Council’s involvement in her child’s case. She says the social worker did not present the situation accurately in court. Mrs X says the matter has caused her significant distress and placed her child at risk from her ex-partner’s new partner. She wants the Council to change the allocated worker and enable her to have her concerns properly heard at the next court hearing.
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 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 law specifically prevents us from considering complaints about what happens in court. The social worker’s representations during the hearing are something we have no power to consider.
Mrs X raised several peripheral matters, for example the social worker not having completed her assessment or observed the child in the care of their father and his new partner. These are all matters that would be reasonable for Mrs X to raise as part of the proceedings. We cannot influence the court’s decision, and these matters are relevant to the Council’s view of the matter and its subsequent representations in court.
Final decision
We will not investigate Mrs X’s complaint because it is about matters that are being considered in court, and it is reasonable for her to raise all her concerns as part of that process.
Investigator's decision on behalf of the Ombudsman