London Borough of Brent (20 006 426)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 17 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mrs B’s complaint about the actions of a social worker in producing a report on her suitability for a Special Guardianship Order, and the content of the report. This is because the report concerned a matter which was considered and decided in court.
The complaint
- The complainant, who I will refer to as Mrs B, complains about the actions of a social worker in producing a report on her suitability for a Special Guardianship Order (SGO), and the content of the report.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mrs B has said in support of her complaint and in response to my draft decision. I have taken account of the evidence she has provided.
What I found
- Mrs B has the care of her granddaughter. She applied for an SGO. In the course of the consideration of the application, two SGO assessments were carried out.
- Mrs B complains about the actions of the social worker who produced the first assessment. She says the report she produced was inaccurate and a third party tried to use it against her in the legal proceedings. She argues that the content of the report forced her to defend herself unnecessarily and caused her avoidable distress and uncertainty. However, she says the court based its decision on the content of the second SGO assessment, and specifically excluded the first.
- Mrs B made a complaint about the first SGO assessment to the Council, which it substantially upheld.
- The Ombudsman cannot investigate Mrs B’s complaint. The report was produced in connection with Mrs B’s suitability as a carer, and her application for an SGO. This matter was considered and decided in court. This places both its production and content outside the Ombudsman’s jurisdiction. The law says we cannot investigate such matters.
Final decision
- The Ombudsman cannot investigate this complaint. This is because Mrs B’s suitability for an SGO, which is a matter which was considered and decided in court.
Investigator's decision on behalf of the Ombudsman