Kent County Council (23 016 915)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 04 Mar 2024

The Ombudsman's final decision:

Summary: We cannot investigate Ms X’s complaint about the content and accuracy of a social worker’s report and their conduct because these matters are being considered by the courts. The law says we cannot investigate what happens in court.

The complaint

  1. Ms X complains about the content and accuracy of a social worker’s court report regarding her family, and about the social worker’s conduct.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant, which included the Council’s complaint response.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X complained to the Council about the content and accuracy of a social worker’s report for court, and about the social worker’s conduct.
  2. We cannot investigate Ms X’s complaint. This is because we cannot investigate the content or preparation of reports made for court proceedings, or an officer’s conduct in connection with this. Ms X complains about a section 7 report, which the Court ordered the Council to prepare for it.

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Final decision

  1. We cannot investigate Ms X’s complaint because we cannot investigate matters which are part of court proceedings.

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Investigator's decision on behalf of the Ombudsman

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