The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint that the Council failed to disclose information during court proceedings. The law prevents us from investigating what happened in court.
The complaint
Ms X complains that the Council failed to provide relevant information during court proceedings which meant that the children she cared for had to temporarily live with foster carers. Ms X also complains about the conduct of a social worker allocated to the case.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Ms X’s complaint that the Council failed to disclose relevant information to determine the care arrangements for children she cares for. The law prevents us from investigating what happened in court. This includes information that councils did or did not disclose during proceedings.
I will not investigate Ms X’s complaint about the conduct of a social worker. This is because Social Work England are better placed to consider concerns about the conduct of social workers.
Final decision
We cannot investigate Ms X’s complaint because the law prevents us from investigating what happened in court.
Investigator's decision on behalf of the Ombudsman