Summary: The Ombudsman will not investigate Miss X’s complaint about the conduct of a social worker and information presented in court. This is because Miss X could have raised her concerns in court, and we have no powers to investigate matters which have been decided or discussed in court.

The complaint

1. The complainant, whom I shall call Miss X, complains about information a council social worker provided in court. Miss X is unhappy about decisions taken in court regarding contact arrangements with her grandchildren.

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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 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)
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)

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How I considered this complaint

5. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. Miss X is unhappy about information a social worker presented in court about her son. She is also unhappy with decisions taken by the Court which determined contact arrangements with her grandchildren.
7. The exceptions at paragraphs 3 and 4 apply to Miss X’s complaint. If Miss X was unhappy with the information presented by the Council’s social worker, then she could have raised her concerns in court. The Court could then have considered what she said as part of its decision-making process. If Miss X is unhappy with decisions taken by the Court regarding contact arrangements for her grandchildren, then she can ask the Court to reconsider them. But this is not something the Ombudsman can do. We cannot consider matters which have been discussed or decided in court and cannot achieve the outcome Miss X wants.

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Final decision

8. The Ombudsman will not investigate Miss X’s complaint. This is because Miss X could have raised her concerns in court, and we have no powers to investigate matters which have been decided or discussed in court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman