Summary: We will not investigate this complaint about the actions of a social worker in relation to the care of the complainant’s child. This is because the complaint is not separable from matters which were, or could have been, considered in court.

The complaint

1. The complainant, Miss X, complains that the Councils social worker was at fault in the period leading to care proceedings in respect of her child.

Back to top

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 have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. 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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Miss X’s child was the subject of care proceedings. Miss X says the Council’s social worker who carried out a parenting assessment was biased against her. She says the social worker based her view on the outcome of a previous assessment, rather than the current situation.
9. Miss X says the social worker inaccurately represented information, and delayed issuing the parenting assessment in order to disadvantage her. She further complains that the social worker inappropriately contacted family members and shared confidential information.
10. The Ombudsman will not investigate Miss X’s complaint. This is because the key matters are not separable from the issues which were, or could have been, considered in court. It was open to Miss X to bring her concerns about the parenting assessment to the attention of the Court. Whether fault on the social worker’s part had any impact on the outcome of the legal proceedings is not something the Ombudsman can consider, as the law says we cannot consider what happens in court.
11. The Council does not accept that it shared information inappropriately. If Miss X disagrees, it is open to her to refer the matter to the Information Commissioner’s Office, which is better placed than the Ombudsman to consider it.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because it is not separable from matters which were, or could have been, considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman