Summary: We cannot investigate part of Miss X’s complaints about the Council’s children’s services regarding because the issues complained about formed part of court proceedings and the law says we cannot investigate. We will not investigate the remainder of Miss X’s complaints because the matters either have been or could have been raised with the court.

The complaint

1. Miss X complains about the Council’s children’s services involvement with her family, including:
1. the accuracy of court reports;
2. the professional practice of a social worker; and
3. its failure to provide information as part of a Clare’s Law disclosure.
2. Miss X said the matter caused her distress and frustration.

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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))

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How I considered this complaint

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

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My assessment

8. The law says we cannot investigate part of Miss X’s complaint. This includes any matter considered by a court including the accuracy of social work reports and the Council’s actions in relation to Miss X’s children.
9. We will not investigate the remainder of Miss X’s complaints including her concerns about the actions of the social worker or her concerns about the Council’s failure to request and provide a Clare’s Law disclosure. These issues either have been or could have been raised with the court. The court is better placed to consider these matters as they relate to the primary issues at hand. Therefore, we will not investigate this complaint.

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Final decision

10. We cannot investigate part of Miss X’s complaint because the issues complained about formed part of court proceedings and the law says we cannot. We will not investigate the remainder because the matters either have been or could have been raised with the court as part of its involvement.

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Investigator's decision on behalf of the Ombudsman