Summary: We cannot investigate Mrs X’s complaint about the Council Social Worker or the removal of her grandchildren from her care. This is because the law does not allow us to investigate matters which are subject to court proceedings.

The complaint

1. Mrs X complains the Council’s Children’s Services wrongly removed her grandchildren from her care after the Social Worker gave the judge inaccurate information in court, which she says she can prove was untrue. She says this action caused trauma to the children and the entire family. She asks for the court records to be corrected and for the children to be returned to her care.

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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)

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How I considered this complaint

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

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My assessment

6. Mrs X complained to the Council about a Social Worker’s conduct and decision‑making which led to the removal of her grandchildren from her care.
7. The Council refused to accept Mrs X’s complaint at this stage, saying the court authorised the children’s removal and it cannot consider related issues during ongoing legal proceedings. It told Mrs X she may resubmit her complaint once the court case has concluded. This is a decision it was entitled to make.
8. We cannot investigate complaints about matters that are being, or have been, considered in court proceedings or which could have been raised to, and considered by, the court. Such matters lie outside our jurisdiction and the law gives us no discretion to consider them. This restriction also means we cannot consider complaints about evidence submitted to the court as it forms part of the proceedings. Any concerns about the Social Worker’s actions and decisions in the proceedings should be raised to the court so that the judge can consider them before a final decision is made.
9. We cannot investigate Mrs X’s complaint. This is because the law does not allow us to investigate matters which are subject to court proceedings.

Final Decision

10. We cannot investigate Mrs X’s complaint. This is because the law does not allow us to investigate matters which are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman