Summary: We cannot investigate Miss X’s complaints about the Council’s actions during court proceedings because the issues complained about have been considered by a court and the law says we cannot investigate. We did not investigate part of Miss X’s complaint because it is too closely related to the matters considered by a court.

The complaint

1. Miss X complained about the Council’s:
• conduct during court proceedings;
• evidence and social work reports used for court;
• poor communication; and
• organisation of contact between her and her children during court proceedings.
2. Miss X says the matters caused her distress and frustration.
3. Miss X wants a different social worker and manager to be allocated to work with her.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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).
6. 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)).
7. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended).

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

8. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

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How I considered this complaint

9. I considered information provided by the complainant.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. The law says the Ombudsman cannot investigate Miss X’s complaints about matters that have been considered in court. This includes Miss X’s complaints about the accuracy of social work reports for court, the evidence provided to the courts by the Council, the Council’s conduct during court proceedings, or the Council’s decisions relating to her children.
12. We will not investigate Miss X’s complaints about her contact with her children during court proceedings or the Council’s assessments relating to contact. It is likely the court endorsed contact arrangements between Miss X and her children through care plans. Therefore, the primary decisions relating to contact is likely to have been determined by a court and the law says we cannot investigate that matter. Any additional complaints about how the Council organised contact outside of court either has or could have been raised during proceedings, therefore we would not investigate those matters as explained at point six of this decision.
13. We cannot achieve Miss X’s desired outcome to change the named social worker or team manager. This is because this decision is a personnel matter, and the law says the Ombudsman cannot investigate this type of complaint. If Miss X has concerns about an individual social worker’s practice or conduct, she could submit a complaint to Social Work England, which is the relevant professional standards body for social workers.

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Final decision

14. We cannot investigate Miss X’s complaints because the issues complained about have been considered by a court and the law says we cannot investigate. We did not investigate part of Miss X’s complaint because it is too closely related to the matters considered by a court.

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Investigator's decision on behalf of the Ombudsman