Summary: We will not investigate Ms X’s complaint about the Council’s handling of a safeguarding referral and a report used in court proceedings. The law prevents us from investigating complaints about matters that have been considered in court proceedings and we could not achieve a worthwhile outcome.

The complaint

1. Ms X complains the Council mishandled a safeguarding referral, disclosed confidential information and kept inaccurate records. She says this put her and her child at risk. She wants her child’s records corrected.

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 also 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))
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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

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

6. 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

How I considered this complaint

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

Back to top

My assessment

9. Ms X says the Council mishandled a safeguarding referral, disclosed confidential information without consent and produced an inaccurate report that was used in family court proceedings.
10. We will not investigate this complaint because the issues raised in the complaint fell within the family court proceedings. The law prevents us from investigating matters that have been, or are closely connected with, court proceedings.
11. Ms X also raised concerns about a social worker. The Ombudsman cannot investigate concerns about whether a social worker has met professional standards of conduct. Complaints of this nature should be referred to Social Work England.
12. In any event, we cannot achieve the outcome Ms X wants. She wants the Council to correct her child’s records. The Council has said comments can be added to her child’s records but it cannot make changes. We cannot recommend that the Council changes child protection records. We will not investigate this complaint.

Back to top

Final decision

13. We will not investigate Ms X’s complaint because the matters were considered, or could have been considered, in court. The law says we cannot investigate complaints about such matters. We have no discretion to do so. We also could not achieve a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman