Staffordshire County Council (25 002 248)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 30 Jun 2025
The Ombudsman's final decision:
Summary: We cannot investigate Miss X’s complaint about a social worker possibly fabricating documents which were submitted to, and considered in, care proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so.
The complaint
- Miss X complains about the Council’s decision not to investigate her complaint that a social worker may have fabricated documents which were considered in care proceedings relating to her children. Miss X says the social worker removed any positive assessments from the reports she submitted.
The Ombudsman’s role and powers
- 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)
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council that a social worker had possibly fabricated documents which were used in care proceedings relating to her children.
- The Council told Miss X it would not consider her complaint via its complaints procedure. It said the care proceedings had recently concluded and Miss X had the opportunity to raise any concerns about the reports and evidence the Council submitted via her legal representative during the proceedings so the judge could consider them. It explained the complaints procedure cannot be used where the matter has been before the courts and advised Miss X she could seek legal advice should she wish to pursue the matter further. It signposted Miss X to this office.
- We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. This legal restriction means we cannot consider complaints about evidence the Council has provided to the court during the proceedings or about the preparation, collation and analysis of evidence and reports for court proceedings or which are later considered in court proceedings.
Final decision
- We cannot investigate Miss X’s complaint. It lies outside our jurisdiction and we have no discretion to consider it. This is because it is about matters that have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman