Kent County Council (23 015 407)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 10 Feb 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the actions of a social worker. This is because these actions related to the production of a report for the Court.
The complaint
- The complainant, who I will refer to as Mrs X, complains that the Council’s social worker was at fault in the course of producing a report for the Court.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X’s children were the subject of private law proceedings, during which the Court directed the Council to produce a report. Mrs X complains that the social worker tasked with completing the report was at fault. She says the social worker appeared biased towards the children’s father, and disregarded information she provided about him. She says that, as a result, the children were placed at risk of harm.
- The Ombudsman cannot investigate Mrs X’s complaint. As part of private law proceedings involving children, the Court may ask the Council to produce a section 7 or 37 report. The Court will then consider the report as part of its decision making.
- The evidence shows that the Council’s involvement with Mrs X’s children consisted of producing such a report. Because section 7 and 37 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content. We cannot therefore investigate Mrs X’s complaint. This restriction gives us no discretion.
Final decision
- We cannot investigate Mrs X’s complaint because it concerns the production of a report for the Court.
Investigator's decision on behalf of the Ombudsman