London Borough of Hillingdon (21 002 710)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 13 Jul 2021
The Ombudsman's final decision:
Summary: We cannot investigate Miss X’s complaint about the actions of social workers in a matter that is and has been subject to court proceedings.
The complaint
- Miss X said social workers were unprofessional and that their attitude to her reminds her of her the behaviour of her former partner. She is concerned this will influence the court.
The Ombudsman’s role and powers
- The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The complaint concerns the actions of social workers in providing information to a court as part of private proceedings about the contact and residency of Miss X’s child. There is already a court order in place, which I have seen. It is for the court to decide the merits of the Council’s assessment of Miss X as a parent.
Final decision
- We cannot investigate Miss X’s complaint because the matters complained of are not separable from the court process that has already begun.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman