Summary: We cannot investigate Ms X’s complaint about the Council’s actions in relation to placing her adult daughters in a care placement. This is because the law prevents us from investigating such matters and subsequently, we cannot achieve the outcome she wants.

The complaint

1. Ms X complained about the Council’s actions when it placed her adult daughters in a care placement. She said the matter caused her distress. Ms X wants to see her daughters again and she wants her daughters to live with her. Ms X also wants the current Social Worker removed from the case due to her conduct.

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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)
4. 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:

• we cannot achieve the outcome someone wants, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Ms X said the Council removed her daughters from their home and placed them in a care placement. She said she can no longer see her daughters regularly. We cannot investigate this part of Ms X’s complaint as it is being considered by the Court of Protection. As outlined in paragraph three, the law prevents us from investigating such matters. Subsequently, we cannot achieve the outcome she wants.
8. Ms X said the Social Worker’s behaviour towards her and her daughters had been poor. In its complaint response to Ms X, the Council said it had no evidence which supported her claims. We will not investigate this part of Ms X’s complaint either as it would be difficult to prove whether this was the case and so we would not be able to add to the Council’s investigation.
9. In addition, Ms X said the Council shared her personal details with an ex-partner without consent. She said she was now concerned her ex-partner knew where she lived. The Council said it did not share such information with her ex-partner. It also advised her to contact the Police if she had any concerns with her safety which was appropriate. We will also not investigate this part of Ms X’s complaint as it would be reasonable for her to take it to the Information Commissioner’s Office (ICO). The ICO can investigate complaints in relation to breaches of data.

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Final decision

10. We cannot investigate Ms X’s complaint because the law prevents us from investigating such matters and subsequently, we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman