Summary: We will not investigate Mrs X’s complaint about Sefton Metropolitan Borough Council not adhering to court orders, and the actions of a specific Social Worker. There is an ongoing Social Work England investigation, and Mrs X is planning to take legal action against the Council. We consider those bodies are better placed to consider her complaints.

The complaint

1. Mrs X complains about Sefton Metropolitan Borough Council (the Council). She says, following its decision to remove her children from her care in 2020, a Social Worker did not adhere to orders from the Court of Protection, specifically her daughter’s rehabilitation plan. Also, Mrs X says the Social Worker blamed the parents for her children’s challenging behaviour despite their various diagnoses. Mrs X says the Council’s actions have caused the family significant distress. She would like it to make service improvements to avoid families suffering similar fault.

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The Ombudsman’s role and powers

2. The Ombudsmen provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended).
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Mrs X had an opportunity to comment on my draft decision. I have considered her comments before making a final decision.

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What I found

7. In August 2020, following an incident in the home, the Council removed Mrs X’s adoptive children from her care.
8. In mid-2022, Social Work England agreed to investigate Mrs X’s concerns about her children’s Social Worker.
9. In November 2022, the Court of Protection placed Mrs X’s son in a children’s home, and her daughter with foster carers.
10. In December 2022, Mrs X complained about the Social Worker to the Council. In its response, the Council noted the ongoing Social Work England investigation. The Council agreed to respond to any requests from them.
11. In January 2024, Social Work England told Mrs X its investigation was ongoing.
12. During my assessment, in February 2024, Mrs X told me her solicitor will be submitting a letter before claim shortly. She said that legal action is related to the complaint she raised with us. The whole family have received legal aid and are defiant on taking the Council to court.
13. I will not investigate Mrs X’s complaint about the Council. I will explain why.
14. While Mrs X has not formally started legal action, I consider it would be appropriate for her to complete that process before we consider her complaint.
15. There is also an ongoing Social Work England investigation into the professional conduct of the Social Worker in this complaint. Again, I consider it would be appropriate for Social Work England to complete its investigation before we consider Mrs X’s complaint further.
16. Once Mrs X has completed both the Social Work England and legal processes, she can return to the Ombudsman. We could then decide if there are any outstanding complaints we could consider further.

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Final decision

17. I will not investigate Mrs X’s complaint about the Council. I consider it would be appropriate for her to complete the legal process and Social Work England investigations before we consider her complaint further.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman