Summary: We cannot investigate this complaint about the Council’s involvement in child welfare proceedings. The law says we cannot investigate matters considered by a court or issues that are too closely linked to court proceedings.

The complaint

1. Miss X complained that Children’s Services did not behave in a professional manner when working with her family. She said there had been no support and her rights were breached. She said this had a negative impact on her physical and mental health. She would like the Council to correct wrong information, provide better support and for social workers to be dismissed for inappropriate behaviour.

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 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)
4. 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))
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. As part of private law proceedings involving children, the court may ask the Council to produce a section 7 or 37 report. The court will then consider the report as part of its decision making. Because section 7 and 37 reports form part of court proceedings, we cannot investigate complaints about their preparation, content or the social worker’s recommendations to the court.
9. It was reasonable for Miss X to raise her concerns about the social worker’s actions and reports directly with the court, because these issues relate to the court’s consideration of the Council’s evidence. Therefore, these issues are inseparable from the court’s consideration of the case.
10. We cannot investigate matters considered by a court or issues that are too closely linked to those proceedings.
11. Miss X also complained about the conduct of a social worker. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

Back to top

Final decision

12. We cannot investigate Miss X’s complaint because the issues complained about are too closely linked to family court proceedings and the law prevents us from investigating them.

Back to top

Investigator's decision on behalf of the Ombudsman