Summary: We cannot investigate this complaint about the Council’s children’s services involvement with Miss X’s family. The law prevents us from investigating matters subject to court proceedings.

The complaint

1. Miss X complained about the Council’s children’s services. She said its social worker included false information in reports, threatened to remove her children from her care and showed bias.
2. Miss X said the matters caused a negative impact to her health.

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The Ombudsman’s role and powers

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 about the Council’s children’s services. Specifically, Miss X complained about the conduct of its social worker.
8. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters which are being, or have been, considered in court proceedings. We have no discretion to do so.
9. The issues raised in Miss X’s complaint are not clearly separable from the proceedings. Miss X’s concerns are best raised to the court during the proceedings via her legal representative so the judge can consider them before the proceedings conclude.

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Final decision

10. We cannot investigate Miss X’s complaint because the law prevents us from investigating matters subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman