Summary: We cannot investigate this complaint about the Council’s children’s services’ involvement in a child in Miss X’s family’s case. The complaint is about matters that have been considered in court, and related matters. The law prevents us from investigating what happens in court, and the related matters are not separable from the proceedings themselves.

The complaint

1. Miss X complained the Council failed to take action to protect a child in her family. She said it was biased towards the child’s mother despite their father being a safer option.
2. Miss X said the matter caused risk to the child and distress to the paternal family. She wanted the Council to acknowledge fault, reconsider the case, make service improvements and apologise.

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The Ombudsman’s role and powers

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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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. The law expressly prohibits us from investigating what happens as part of court proceedings. This includes the content of reports written for, or used in, court.
8. We will not investigate the peripheral actions of the social worker, who Miss X says was biased towards the child’s mother and failed to consult the paternal family. The actions of social workers when compiling evidence for court reports, where the alleged impact of their actions is what they presented to the court, are not separable to the proceedings themselves. We will not investigate this complaint.

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Final decision

9. We cannot investigate Miss X’s complaint because the law prevents us investigating what happens as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman