Summary: We will not investigate this complaint about the actions of a social worker. This is because the complaint concerns matters which have been considered in court, and we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the actions of her son’s social worker have been unreasonable and have caused her to lose contact with her son.

Back to top

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. 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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X’s son has been the subject of care proceedings and has been treated by the Council as a Child in Need. The care proceedings have ended and the Council’s case has been closed. It has no ongoing involvement.
7. Miss X complains about the actions of her son’s social worker. She says the social worker was judgemental towards her and withheld information from her. She says, as a result, the care proceedings went on longer than they should have, causing her significant distress.
8. Miss X alleges the social worker failed to carry out actions ordered by the Court. She further alleges that the decision to close the Child in Need case has led to her having no contact with her son. She wants the Council to apologise to her and take action against the social worker.
9. The care of Miss X’s son has been considered in court, and Miss X says the Court has decided she should have contact with her son. By law, the Ombudsman cannot investigate matters which have been considered in court. This places matters relating to Miss X’s son’s care outside our jurisdiction. If Miss X believes the social worker, or anyone else, failed to act in accordance with the Court’s wishes, her recourse is to go back to the Court. There is no role for the Ombudsman.
10. It is also the case that we cannot achieve the outcome Miss X wants. The Ombudsman considers complaints against councils, not individual council officers. It is not within our remit to recommend action against an individual social worker.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because it concerns matters which have been considered in court, and we cannot achieve the outcome she wants.

Back to top

Investigator's decision on behalf of the Ombudsman