Summary: The Ombudsman cannot investigate Mrs X’s complaint about her social workers and matters relating to her child. It lies outside the Ombudsman’s jurisdiction because it is made in relation to matters that have been considered in court proceedings.

The complaint

1. The complainant, who I refer to as Mrs X, complains she has been unfairly treated by her social workers and has not been given the opportunity to prove she is a fit mother.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered the information Mrs X provided in her complaint. I also considered the Council’s letter to Mrs X declining to investigate her complaint. I sent Mrs X a draft copy of my decision and invited her comments.

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What I found

5. Mrs X complained to the Council about her social workers and about not having the opportunity to show she is a fit mother.
6. The Council declined to investigate because the matters Mrs X complained about were intrinsically linked to court proceedings relating to her child. Mrs X’s children were the subject of care proceedings in the Family Court.
7. The same restriction also applies to the Ombudsman investigating this complaint. We cannot consider matters that have, or could reasonably have, been raised and considered during court proceedings. Such matters lie outside our jurisdiction and the law prevents us from investigating them

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Investigator's decision on behalf of the Ombudsman