Summary: We cannot investigate X’s complaint about the Council’s involvement in child care proceedings. The law prevents us from investigating the start of court proceedings or what happens in court.

The complaint

1. X complains that the Council has removed her child from her care and provided inaccurate information about her. She also complains about the conduct of a social worker.

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The Ombudsman’s role and powers

2. 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)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate X’s complaint about the Council’s involvement with care proceedings concerning their child. The law prevents us from investigating a complaint about the start of court action or what happened in court. We therefore cannot consider the Council’s decision to start care proceedings or the information the Council provided to the courts.
7. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to social workers’ professional body, Social Work England.

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Final decision

8. We cannot investigate X’s complaint because it is about the start of court proceedings or what happened in court.

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Investigator's decision on behalf of the Ombudsman