Summary: We cannot investigate this complaint about the actions of a social worker. The matters complained of are not separable from matters subject to court action.

The complaint

1. Miss X said she had not been able to get far in court because what a social worker reported left out what Miss X had said. She said she had not seen her child for some time.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. It is clear from Miss X’s complaint and the final response from the Council that she provided that these matters concern the opinions formed by a social worker and reported to a court.

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Final decision

8. We cannot investigate Miss X’s complaint because the matters she complains of are not separable from matters subject to court action.

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Investigator's decision on behalf of the Ombudsman