Summary: We will not investigate Miss X’s complaint about the actions of the Council’s children’s services. This is because it concerns matters that have either been considered in court or can be raised with another body.

The complaint

1. Miss X complains about the actions of the Council’s children’s services. She says inaccurate information was provided to the courts. She also complains about the conduct of a social worker and wants them to face disciplinary action and to be removed from her family’s case.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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), as amended, section 34(B))

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)

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How I considered this complaint

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

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My assessment

6. The Council considered a complaint from Miss X which it partially upheld at stage two of the statutory children’s complaints procedure. Miss X made further complaints to the Council in relation to the actions and conduct of the social worker allocated to her family’s case.
7. I cannot investigate Miss X’s complaint about the Council’s section 7 report because it formed part of court proceedings. We have no jurisdiction to investigate any matters related to its content or preparation, or about any other information the Council may have provided in court.
8. I will not investigate Miss X’s complaint about the conduct of the Council’s social worker. Our role is to look into the Council’s actions as a corporate body, rather than to investigate any individual. If Miss X has concerns about the conduct of a social worker, she can report her concerns to their professional body, Social Work England. 
9. Finally, we could not achieve the outcomes Miss X seeks. We have no powers to direct the Council to take specific disciplinary action, such as dismissal of an employee, or direct the Council to remove social workers from specific cases.

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Final decision

10. We will not investigate Miss X’s complaint because it concerns matters that have either been considered in court or can be raised with another body.

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Investigator's decision on behalf of the Ombudsman