Summary: We cannot investigate this complaint about the adequacy of the Council’s actions before a baby Mrs X and her husband fostered was returned to its birth parents. The matters complained of are closely linked to the decision of a court about returning the child and we are legally prevented from investigating them.

The complaint

1. Mrs X said the Council treated her and her husband unfairly while they were foster carers for a baby before it was returned to its birth parents. She said she felt the social worker was unprofessional and did not take their concerns about the child seriously, meaning that the court would not have got the full story.

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.
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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. The Council’s involvement with Mrs X and the child was in a safeguarding capacity rather than a fostering capacity, owing to where the child’s family lived. Mrs X was a foster carer for another council. The Council’s role was to decide if the child could safely be reunited with birth parents. The opinions the Council formed about the child’s future and its professional practice in assessing are closely related to the reports it wrote for the court that decided to return the child to the birth parents. Even though Mrs X is unlikely to have been a party to the court action and thus unable to raise them herself, we have no legal power to investigate these matters.

Back to top

Final decision

9. We cannot investigate Mrs X’s complaint because the matters she complains of are closely related to matters that were or could reasonably have been raised during court action.

Back to top

Investigator's decision on behalf of the Ombudsman