Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and her children’s living arrangements. This is because we cannot consider complaints linked to court proceedings or achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I shall call Mrs X, complained about the Council’s involvement with her family. Mrs X is unhappy with her children’s living arrangements and a lack of contact. Mrs X says she cannot contact her husband. Mrs X is unhappy with the social workers involved in her case and the information they provided during court proceedings. Mrs X has accused one of the social workers of blackmail.

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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 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)
5. We do not start or may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not start an investigation into Mrs X’s complaint.
9. The Ombudsman cannot consider complaints about matters linked to court proceedings. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.
10. The living arrangements for Mrs X’s children and access to her family were decided in court. We have no powers to challenge decisions taken by the Court. If Mrs X wants to challenge her children’s living arrangements and the access she has to her family, she needs to return to court. We cannot achieve the outcome Mrs X wants.
11. Mrs X also complained in general about the social workers involved in her case. But the conduct of the social workers is intrinsically linked to matters considered and decided in court and cannot be separated. We will not consider them. Mrs X’s allegation of blackmail is a matter for the Police.
12. The Health and Care Professions Council (HCPC) is the regulatory body for social workers in England. It is open to Mrs X to contact the HCPC with any general concerns she has about the social workers involved in her case.

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Final decision

13. We will not investigate Mrs X’s complaint because we cannot consider complaints linked to court proceedings or achieve the outcome the complainant wants.

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Investigator's decision on behalf of the Ombudsman