Summary: We cannot investigate part of Mrs X’s complaints about the accuracy of social work reports because the matters complained about were considered by a court. We will not investigate the remainder because the issues are likely to have been considered by a court or are late.

The complaint

1. Mrs X complained about the Council’s:
1. decision to initiate court proceedings in 2021 regarding her child;
2. decision-making during court proceedings; and
3. social work reports for court.
2. Mrs X said the matter caused her distress and uncertainty.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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))
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Mrs X’s complaints about the content of social work reports. This is because the content of the social work reports were considered by the court in its decision-making regarding Mrs X’s child, and the law says we cannot investigate what happens in court.
10. We will not investigate the Council’s decision-making regarding Mrs X’s child during court proceedings because it is likely the issues raised were also considered by the court.
11. We will not investigate Mrs X’s other complaints because they are late. Mrs X complained to the Ombudsman in August 2025. The matters Mrs X complained about happened more than 12 months before this date.
12. The law says we cannot investigate matters older than 12 months from the date a person had notice of the matter complained about. Mrs X was aware of these complaints more than 12 months before she brought them to the Ombudsman. I have seen no good reasons Mrs X could not have complained sooner, and so we will not investigate.

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Final decision

13. We cannot investigate part of Mrs X’s complaints because the matters complained about were considered by a court. We will not investigate the remainder because the issues are likely to have been considered by a court or are late.

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Investigator's decision on behalf of the Ombudsman