Summary: We cannot investigate this complaint about the child protection actions of social workers concerning the care of Ms X’s children. The matters complained of are not separable from matters that either were or could reasonably have been raised during court proceedings.

The complaint

1. Ms X said social workers treated her badly. She said she was subjected to racial remarks and lies, and the social workers twice removed her children from her care, making them subject to child protection plans under the category of emotional abuse. She says she was told she could not complain as there were child arrangement orders before the court, and now the Council will not deal with her complaint because it is more than 12 months old. She said the Council’s actions caused her to lose her job.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

8. We have discretion to consider late complaints where there is a good reason, such as becoming aware of a matter much later , or being unable to complain sooner. Action in the family court would be a valid reason for not complaining sooner. Therefore, I would not exclude Ms X’s complaint on grounds of time.
9. However, we are legally barred from considering matters that were or could reasonably have been raised during court proceedings. There is no discretion available. The matters complained of relate to the opinions of social workers about Ms X’s fitness to care for her children. They are not separable from matters that either were or could reasonably have been raised during court proceedings.

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Final decision

10. We cannot investigate Ms X’s complaint because the matters she complains of are not separable from matters that either were or could reasonably have been raised during court proceedings.

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Investigator's decision on behalf of the Ombudsman