Summary: We cannot investigate this complaint about the content of reports the Council has filed with court and about its care planning for Miss X’s child. The law prevents us from investigating complaints about the start of court action or what happened in court. For the remainder, Social Work England is better placed to decide if a social worker is meeting their professional standards of conduct.

The complaint

1. Miss X complains the Council filed a report with the court that contains errors. Miss X also complains about the Council’s care planning for her child.
2. Miss X also complains about the conduct of a social worker, which caused her distress.
3. Miss X wants the Council to change its care plan for her child and properly investigate her complaint about the conduct of the social worker.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by Miss X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Miss X’s complaints about the content of reports the Council has filed with the court, nor about the Council’s care planning for her child.
10. The law prevents us from investigating complaints about the start of court action or what happened in court. Miss X can challenge both matters in court as part of the concurrent proceedings.
11. We will also not investigate Miss X’s complaint about the conduct of the social worker, which appears to be based on a single specific incident.
12. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to social workers’ professional body, Social Work England.

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Final decision

13. We cannot investigate Miss X’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court. For the remainder, Social Work England is better placed to decide if a social worker is meeting their professional standards of conduct.

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Investigator's decision on behalf of the Ombudsman