The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement with Miss X’s family and the Council starting child protection court proceedings.
The complaint
Miss X complained about the conduct of a Council social worker who worked with her family, and about the commencement of care proceedings in court.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X stated she did not agree with the way her Council social worker had treated her, or her family. She stated she had been incorrectly accused of neglecting her children which led to care proceedings in court.
Miss X complained to the Council about its worker and requested an investigation into her case. The Council refused to investigate, stating it would not be appropriate due to ongoing court proceedings.
Final decision
We will not investigate Miss X’s complaint. The law prevents us investigating the Council’s decision to start court action, as paragraph 6 explained. Part of Miss X’s concerns are being heard in care proceedings in court. The other matters are not reasonably separate from matters that are for the court to decide.
Investigator's decision on behalf of the Ombudsman