Essex County Council (19 014 108)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 02 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss B’s complaint about the content of a Child and Family Assessment completed by the Council. This is because the complaint concerns matters which have been, or can be, considered in court.
The complaint
- The complainant, who I will refer to as Miss B, complains about the content of a Child and Family Assessment completed by the Council.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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)
How I considered this complaint
- I have considered what Miss B has said in support of her complaint and in response to my draft decision.
What I found
- Miss B’s children have been the subject of a Child and Family Assessment completed by the Council. Miss B says the assessment is inaccurate and that the social worker who completed it failed to take account of her views.
- Miss B’s children are the subject of private legal proceedings initiated by their father. Miss B argues that the assessment was material to the recommendation made by the Children and Family Court Advisory and Support Service that the court place the children with their father.
- The Council says the court directed it to produce a Section 37. It did so at the same time as the Child and Family Assessment. It says that both include the same information and both were submitted to the court.
- The Ombudsman will not investigate Miss B’s complaint. The contents of the Child and Family Assessment will form part of the documents considered by the court and the Ombudsman cannot consider evidence submitted to the court. It is open to Miss B to challenge the findings in court and the Ombudsman cannot intervene.
Final decision
- The Ombudsman will not investigate this complaint. This is because it concerns matters which have been, or can be, considered in court.
Investigator's decision on behalf of the Ombudsman