Summary: We cannot investigate Miss X’s complaint about the Council’s actions and decisions in its child protection involvement with her family. The complaint lies outside our jurisdiction because it is about matters that have been considered and decided in court proceedings. The law says we cannot consider complaints about such matters.

The complaint

1. Miss X complains she has been wrongly accused, judged, lied about and bullied by the social worker allocated to her child. She says that as a result of this, her son has been removed from her care and placed with prospective adopters following Family Court proceedings. Miss X says the social worker did not recognise the positive changes she had made.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council about the matters set out in paragraph one, above.
8. The Council told Miss X it could not consider her complaint because it was made about events that happened more than 12 months ago and about decisions made by the Family Court. It advised Miss X to seek advice from her legal representative on the matters raised.
9. We cannot consider Miss X’s complaint. It lies outside our jurisdiction because it is about matters that have been considered and decided in court proceedings. The law says we have no discretion to consider complaints about such matters and cannot do so.

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Final decision

10. We cannot investigate Miss X’s complaint. It lies outside our jurisdiction and the law says we cannot consider it. This is because it is about matters that have been considered and decided in court.

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Investigator's decision on behalf of the Ombudsman