Summary: We will not investigate this complaint about Council’s social worker’s alleged mistreatment of Mrs X. This is because the issues raised are inextricably linked to ongoing court proceedings.

The complaint

1. Mrs X complained about the alleged poor conduct of several social workers when she was in the process of adopting a child.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Several years ago, Mrs X began the process of adopting a child with her ex-partner. After she and her partner split up, there was a dispute about which of them should be allowed to adopt the child and the matter is currently being decided in court.
7. Mrs X has complained to the Council about an assessment it carried out in 2018 as well as unfair and biased treatment she received from the social workers assigned to work with her whilst she was going through the adoption process.
8. The Council will not investigate the complaint as the issues raised are still ongoing in court. We therefore cannot consider the complaint as we cannot investigate any complaint that is related to ongoing court proceedings.

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Final decision

9. We will not investigate Mrs X’s complaint because it relates to matters which are inextricably linked to ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman