The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker and what she recorded about Miss X’s family. A permanent legal bar prevents us investigating these matters as they are closely linked to court action.
The complaint
Miss X said a social worker was disrespectful to her family and recorded things that are incorrect which are used in court against her.
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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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.
Final decision
We cannot investigate Miss X’s complaint because it is closely linked with matters subject to court action. An absolute and permanent legal bar prevents us investigating these matters.
Investigator's decision on behalf of the Ombudsman