Summary: We will not investigate this complaint about the Council’s actions when assessing Miss X’s family. The complaint is about the content of a report which is being considered as part of ongoing court proceedings. The law prevents us considering the matter.

The complaint

1. Miss X complained about the alleged unethical, biased and dismissive approach of social workers while assessing her family. Miss X said the Council failed to take account of her reasons for delay in complaining, and declined to investigate her complaint. Miss X said the matter caused her significant distress and has led to prolonged social services involvement. She said this has impacted on court proceedings and provided support for her child’s father’s case. Miss X wanted the Council to apologise, correct its report and provide staff training.

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The Ombudsman’s role and powers

2. 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 courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

6. Miss X’s complaint is about the Council’s approach towards her, which she felt was biased and coercive, while assessing her family’s circumstances in late 2023 and early 2024.
7. Miss X’s ex-partner has more recently begun private proceedings. The Council shared its reports with the court. Miss X then complained to the Council about the impact she believes officers’ approaches towards her had on the content of the report, and subsequently the proceedings.
8. The law prevents us considering matters that have been raised in court. The content of the Council’s report is a matter Miss X would need to challenge as part of the proceedings, and we have no legal power to investigate it. We could not recommend the Council change its report nor can we influence the court process.
9. Other parts of Miss X’s complaint, relating to officers’ general dealings with her, and her view the Council dismissed her experiences of labelling and institutional stigmatisation, are too intertwined with the matters that are in court. Ultimately, the alleged impact of these issues is the content of the Council’s report, and so we will not investigate these related matters.
10. The Council declined to investigate Miss X’s complaint as it considered it late. Miss X disagreed with this decision. It is not a good use of resources for us to investigate complaints procedures in isolation when we cannot investigate the substantive matter.

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Final decision

11. We will not investigate Miss X’s complaint because it is about matters that are being considered in court as part of ongoing proceedings.

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Investigator's decision on behalf of the Ombudsman