Summary: We cannot investigate Miss X’s complaint about the actions of a social worker team in opening a child protection investigation and related actions concerning Miss X. These matters were raised during court proceedings, and the refusal of a judge to consider them does not affect the legal bar that consequently prevents us investigating.

The complaint

1. Miss X said a social worker and team demonstrated poor, inadequate, oppressive and abusive practice, misusing the power invested in their roles. She said a social worker sought information to fit her narrative, leading to an inappropriate child protection referral.

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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 end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. The context of the complaint was family court proceedings for which the Council had to write a report. The complaint correspondence shows Miss X attempted to raise the conduct of the social worker, who had written the report, during court proceedings, though the judge declined to consider it.
8. I note the Council’s own investigation found some fault in the actions of staff. However, the law imposes an absolute bar against us investigating any matter that has been or could reasonably have been raised during court proceedings concerning a closely related matter. That bar is permanent, and does not distinguish between matters where a court reached a view and those it declined to consider. The actions of a social worker in raising a child protection enquiry concerning Miss X while preparing a report for the court under s.7 of the Children Act 1989 were closely linked to the issue of contact and residency arrangements for a child, which it fell to a court to decide.

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Final decision

9. We cannot investigate Miss X’s complaint because the matters complained of are closely linked to matters which were or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman