Summary: We cannot investigate this complaint about the Council’s decision to put her children on a Child Protection Plan and the conduct of a social worker. The Court is currently considering the children’s welfare and we cannot investigate the same issues.

The complaint

1. Miss X complained about the Council’s decision to put her children on a Child Protection Plan and its decision to start care proceedings. She said the social worker lied in their assessment and in court. She also complained about the social workers conduct. She said the Council had not resolved her complaints and failed to provide appropriate support to the family.

Back to top

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)
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X initially complained to the Council about the conduct of the social worker and the Council’s decision to place her children on a Child Protection Plan. The Council responded in April 2022. It explained why it had child protection concerns. It said it would not change the social worker as they had worked with the family for several months and had a good understanding of the family.
8. Miss X continued to make complaints. Alongside this, the Council started care proceedings. The Council said it would not investigate her complaints further as the complaints were directly related to the care proceedings. It said if she remained unhappy with the Council’s service, she could complain once care proceedings had concluded.
9. Although Miss X is unhappy with the Council’s response, we will not investigate her complaints. We cannot investigate any matters that relate to the Court proceedings. That includes any information the Council gives the Court either verbally or in reports. It is reasonable for Miss X to tell the Court of any inaccuracies in the Council’s information.
10. In relation to the Council’s decision not to consider her complaints until care proceedings have concluded, there is no evidence of fault in how it made that decision. Following the conclusion of court proceedings, the Council said Miss X can complain about any outstanding service issues. Miss X can return to us once she has exhausted the Council’s complaint procedures with any matters that are separable from court proceedings.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because the matters are being considered by court and is therefore outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman