Summary: We will not investigate this complaint about the actions of social workers in the course of their involvement with the complainant’s children. This is because the matters about which the complainant is unhappy can be brought to the attention of the court.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council’s social workers have been at fault throughout their involvement with her children.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s children are in the Council’s care. Miss X complains about the actions of social workers who have been involved with the case. She says they have failed to act in the children’s interests.
6. Miss X says she has been unable to have regular contact with the children since they were placed in care due to the cancellation of contact sessions by the foster carer, and that social workers have failed to act to ensure contact. She further says the social workers have failed to safeguard the children while in the foster placements, and failed to take appropriate action when the children were involved in a traffic collision.
7. The Ombudsman will not investigate these matters. The arrangements for the children’s care have been the subject of action in court. The evidence shows that Miss X is legally represented, and it was open to her to raise her concerns about both care and contact during the proceedings. If she is unhappy with the current arrangements, her recourse is to go back to court.
8. Miss X further complains that the Council has breached her confidentiality and that of a third party. These are not matters for the Ombudsman to investigate. If Miss X wishes to pursue the alleged breach of her confidentiality, it is open to her to bring the matter to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider it. The breach of the third party’s confidentiality is a matter between them and the Council and is not for Miss X to pursue.

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Final decision

9. We will not investigate Miss X’s complaint because it concerns matters relating to the care of her children which may be brought to the attention of the court.

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Investigator's decision on behalf of the Ombudsman