Summary: We cannot investigate this complaint about the Council reports for court in a child protection case. This is because the law does not allow us to investigate matters that are related to ongoing court proceedings.

The complaint

1. X was unhappy with the information the Council presented about them, in court reports. They now want a different social worker. X is concerned about their child’s wellbeing.

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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. 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

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

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Final decision

5. We cannot investigate X’s complaint because the matters they complain about are related to court proceedings and the law does not allow us to investigate such complaints.

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Investigator's decision on behalf of the Ombudsman