Summary: We will not investigate Mrs X’s complaint about children services approach to her offer to care for a child. We cannot investigate her suitability or the Council’s consideration of this as the Courts are now deciding whether she should be the child’s carer. Social Work England is better placed to consider a social worker’s professionalism and the Council needs an opportunity to reply to her complaint about safeguarding referrals.

The complaint

1. Mrs X complains about a social workers actions and comments in a family assessment. She also complains about the Council’s reaction to safeguarding reports.

Back to top

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 normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs X has offered to care for an extended family members child, Y. The Council assessed her and her family. Mrs X says the assessment report was unfair, and includes false allegations. She says there has been a lack of transparency. She says the Council’s foster care panel has rejected her application because of the Council’s assessment report.
8. Mrs X says she is not happy with the conduct of the children services team dealing with this. She says she has made safeguarding referrals which have not been properly considered.
9. Mrs X says she applied to Court in June 2025 to gain an order to have Y live with her. She says the Court ordered an independent social worker’s assessment be produced.

Analysis

10. We cannot investigate issues which a Court is deciding. That includes whether Mrs X is suitable to care for Y. The Court will decide this so we cannot investigate the Council’s views and decision about this.
11. We also cannot consider the production or content of assessments a Court has considered. Mrs X says the Court ordered an independent social worker report because she had strongly argued the Council’s assessment was based on bias and discrimination. As it has been part of those Court proceedings we cannot investigate its production or content.
12. If Mrs X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.
13. Mrs X has not complained to the Council about specific safeguarding allegations. We will not investigate her complaint about this as the Council needs a reasonable opportunity to reply to her concerns.

Back to top

Final decision

14. We will not investigate Mrs X’s complaint because we cannot investigate an assessment report which has been part of Court proceedings. We cannot investigate if Mrs X is suitable to care for a child as the Court will decide this. We will not investigate a complaint about a safeguarding referral as the Council needs an opportunity to reply to that complaint. Social Work England is better placed to consider a social worker’s professionalism.

Back to top

Investigator's decision on behalf of the Ombudsman