Summary: We cannot investigate this complaint about the actions of a social worker in connection with the care of the complainant’s children. This is because those actions concern matters which the Court will decide.

The complaint

1. The complainant, who I will refer to as Miss X. complains that the Council’s social worker has failed to take proper account of her concerns about her children, and has used false and partial information during assessments relating to the children’s care.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s children are the subject of an interim care order and live with family members. Miss X’s complaint concerns the actions of the children’s social worker. She says the social worker has used false and partial information during assessments, and that her behaviour has been discriminatory.
7. The evidence shows that the children are the subject of ongoing care proceedings, and that the social worker has carried out a parenting assessment which will form part of the evidence considered by the Court. Miss X is critical of the way the assessment was carried out and the information the social worker has included in it.
8. The Ombudsman cannot investigate this complaint. The law says that assessments and other information which are part of court proceedings fall outside our jurisdiction and we cannot consider them, or how they were produced.
9. The evidence shows that matters relating to the care of Miss X’s children, including her capacity to care for them, will be decided by the Court. Miss X may raise her disagreements with the views expressed by the social worker with the Court. Miss X’s complaint is not separable from the matters which the Court will consider. There is no role for the Ombudsman.

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Final decision

10. We cannot investigate Miss X’s complaint because it concerns matters which will be decided in Court.

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Investigator's decision on behalf of the Ombudsman