Wirral Metropolitan Borough Council (25 001 779)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 05 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint the Council has refused to reallocate her case to another Social Worker. The law prevents us from investigating anything that is or has been the subject of court proceedings.
The complaint
- Miss X complains the Council has declined her requests for another Social Worker for her children’s case. She also complains the Council is not offering her appropriate parenting support.
The Ombudsman’s role and powers
- 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))
- We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
- The Council has explained it cannot consider Miss X’s concerns under its complaint procedure due to ongoing legal proceedings. It has also explained decisions about which staff are allocated to specific cases are not issues it can consider under its complaint procedure.
- The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Miss X to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
- We also have no powers to force the Council to reallocate Miss X’s case to another social worker.
Final decision
- We will not investigate Miss X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman