Summary: We cannot investigate most of Mrs X’s complaint about the accuracy and content of a social work report because the issues were considered by a court. We will not investigate Mrs X’s complaints about the conduct of the social worker because it is likely this was raised during court proceedings.

The complaint

1. Mrs X complained about the Council’s children’s services involvement with her family in 2024. She said the Council’s assessments contained inaccurate information and the social worker acted unprofessionally during the Council’s initial involvement.
2. Mrs X said the matter caused her distress.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
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

Social worker’s report

8. Mrs X complained the Council’s social work assessment contained inaccurate information.
9. We cannot investigate this complaint. This is because the report subsequently formed part of court proceedings. The law says the Ombudsman cannot investigate matters considered by a court.

Conduct of the social worker

10. Mrs X complained about the conduct of the social worker during their initial contact. Mrs X said the social worker caused her distress.
11. We will not investigate this complaint. This is because the issues raised as part of the complaint are likely to have been raised as part of the court process. This includes how the Council interacted with Mrs X during her involvement with children’s services and how the Council progressed the matter to court.
12. Consequently, we will not investigate because it is likely the matter was raised during the court process and considered by the courts.

Back to top

Final decision

13. We cannot investigate most of Mrs X’s complaint because the issues were considered by a court. We will not investigate the remainder because it is likely the matters raised were considered during court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman