Gateshead Metropolitan Borough Council (19 007 228)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 10 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss A’s complaint that a social worker was at fault in his involvement with her family. This is because the complaint relates to matters which have been, or could have been, raised in a court of law.
The complaint
- The complainant, who I will refer to as Miss A, complains that a social worker was at fault in his involvement with her family.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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 have considered what Miss A has said in support of the complaint and relevant correspondence provided by the Council. I have also considered what Miss A has said in response to my draft decision.
What I found
- Miss A complains that the Council was at fault in its involvement with her family, which related to the care of her nephew. The Family Court has ordered that the child be placed for adoption.
- Miss A complains about the actions of a social worker who assessed her as a possible carer. She complains that the social worker lied to and misled family members, made inappropriate comments, and discussed private matters in public places.
- The Ombudsman will not investigate Miss A’s complaint. Miss A was a party to legal proceedings in which her nephew’s care was considered. It was open to her and other family members to raise her concerns with the social worker’s actions in that forum. She says family members did raise the issues in court. That was the appropriate forum to do so and the Ombudsman cannot intervene.
Final decision
- The Ombudsman will not investigate this complaint. This is because it concerns matters which have been, or could have been, raised in a court of law.
Investigator's decision on behalf of the Ombudsman