Summary: We cannot investigate this complaint about the actions of a social worker. The law prevents us from investigating complaints about the start of court action or what happened in court.

The complaint

1. Mrs X complained about the conduct of a social worker. Mrs X said this led to court proceedings and the removal of her child from her care.
2. Mrs X wants the Council to stop the court proceedings and for the social worker to be sacked.

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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)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters Mrs X wants to complain about are inseparable from matters the court are likely to consider as part of the concurrent court proceedings.
8. We cannot investigate this complaint. The law prevents us from investigating complaints about the start of court action or what happens in court.
9. Mrs X can raise her concerns with the court as part of the concurrent court proceedings.
10. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

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Final decision

11. We cannot investigate Mrs X’s complaint because the law prevents us from investigating complaints about the start of court action or what happens in court.

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Investigator's decision on behalf of the Ombudsman