Summary: We will not investigate this complaint about the Council’s involvement with Miss X and Miss Y’s family. This is because some of the action complained of is about the conduct of court proceedings, which could reasonably have been raised in court. We will also not consider the Council’s complaint handling where we are not investigating the substantive issues.

The complaint

1. Miss X is Miss Y’s mother. Both are unhappy with the Council’s handling of concerns about Miss Y’s child. Miss X complains the Council has recorded inaccurate information about her and Miss Y, which it refuses to correct. Miss X says this inaccurate information has been used in court proceedings which have removed Miss Y’s child from her care. Miss X says the Council’s actions have caused her and Miss Y significant distress. Miss X wants the Council to apologise and correct its records and the information it provided to the court.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

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

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My assessment

7. The Council has explained to Miss X that it cannot respond to her complaints that are the subject of court proceedings. Miss Y’s child was the subject of care proceedings in court and Miss Y will have had the opportunity to be present at hearings to give her views. It is reasonable to have expected Miss Y to have raised any concerns she had about the actions of the Council in relation to these care proceedings in court.
8. The Council has responded to Miss X’s other complaints about its handling of her grandchild’s case. It has offered to meet with Miss X to discuss these matters further. Miss X has questioned whether Council Officers have complied with their professional code of ethics when dealing with her family.
9. We will not investigate Miss X’s complaint because it is about the Council’s evidence to court as part of care proceedings. The law prevents us from investigating what happens in court, including the content of a council’s report to the court and its related actions. It also includes allegations of bias or unfairness by the Council, which should be raised as part of any proceedings. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and any matters in dispute.
10. Our role is to look into the Council’s actions as a corporate body, rather than to investigate an individual Council employee. If Miss X has concerns about the professionalism or conduct of an individual social worker, she can report this to their professional body, Social Work England. We have no jurisdiction to become involved in such matters.

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Final decision

11. We will not investigate Miss X’s and Miss Y’s complaint because it relates to the Council’s conduct in court proceedings, which could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman