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
- 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.
The Ombudsman’s role and powers
- 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, which included the Council’s complaint response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- 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.
Final decision
- We cannot investigate Ms X’s complaint because we cannot investigate matters which are part of court proceedings.
Investigator's decision on behalf of the Ombudsman