Summary: We cannot investigate Ms X’s complaint about the actions and opinions of the Council’s social workers regarding her family. A court is considering the case.

The complaint

1. Ms X complains the Council’s social workers are biased in favour of the father of her children and have supported contact between them during the family court case. Ms X says the Council has not properly assessed the behaviour of her former partner and has forced her to deal directly with him. Ms X says the Council is responsible for her estrangement from one of her children who is now living with the father. Ms X says the Council has pressured her to attend parenting courses and arrange childcare without understanding the financial impact on her. Ms X says the social workers are not fit to practice and need retraining. She wants information in reports removed.

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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)
4. 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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I have considered Ms X’s information and comments. We have clarified with the Council the position of the complaint and court. I have considered Ms X’s complaint to the Council of 24 February 2021 and its reply 5 March.

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My assessment

7. The Ombudsman will not investigate Ms X’s complaint for the following reasons:
8. We cannot investigate actions which are part of a court case (see paragraph 3 above). The family court has been considering the childcare arrangements, including contact, since the summer of 2020. We cannot investigate the social worker’s court report, assessments, or recommendations. The court’s consideration includes the history of the family, safeguarding allegations, and support to the family. Ms X can challenge the Council’s evidence at court.
9. Events which Ms X has known about before August 2020 are outside the Ombudsman’s jurisdiction because Ms X complains late, outside the 12 month ‘permitted period’. This includes the Council’s ‘early help’ involvement which started in summer 2018. Ms X could have complained sooner and there is no reason for the Ombudsman to investigate given the court cases. A court made an order regarding child arrangements in 2018.
10. Ms X has complained to the Council about the child in need (CIN) assessment report of April 2018. The Council has said it will consider a complaint after the conclusion of the court case but has warned it cannot change professional opinions. If Ms X believes the Council holds inaccurate information about her it is reasonable for her to go to the Information Commissioner (see paragraph 5 above).

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Final decision

11. The Ombudsman cannot investigate Ms X’s complaint about the actions and opinions of the Council’s social workers regarding her family. A court is considering the case.

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Investigator's decision on behalf of the Ombudsman