The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the actions of the Council’s children’s services in relation to her children. This is because the law prevents us from investigating matters that have been before a court.
The complaint
Miss X complains that she was bullied and intimidated by social workers working for the Council’s children’s services. She says her children have been wrongfully removed from her care.
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) We do not start or continue an investigation if we decide there is another body better placed to consider a complaint. (Local Government Act 1974, section 24A(6), 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
I cannot investigate Miss X’s complaint. Nearly all the issues she has raised in her complaint to the Council concern its actions during court proceedings that determined the care arrangements of her children. The law prevents us from investigating what happened in court, including the information provided by councils during proceedings.
Miss X did raise a complaint to the Council about the conduct of social workers. Whilst this element of her complaint is separable from the court proceedings, we will not investigate it. This is because complaints about the conduct of social workers are better dealt with by Social Work England who are the professional body for social workers.
Miss X complained about the Council’s handling of her complaint. But it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Miss X’s complaint because the law prevents us from investigating matters that have been before a court
Investigator's decision on behalf of the Ombudsman