Summary: We cannot investigate this complaint about the actions of social workers and managers regarding the care of the complainant’s children. This is because the complaint concerns matters which have been considered and decided in court.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council’s officers were at fault in the course of their involvement with her children, and that this fault contributed to her loss of care of the children, leaving them at risk of harm.

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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. 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

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

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My assessment

5. Miss X’s children are in the care of their father. Miss X complains that the Council’s social workers and managers have been at fault throughout their involvement with the children. Specifically, she says they have acted with bias against her and in favour of the children’s father. She says the officers have mishandled the case, falsified information and have failed to act to protect the children’s welfare.
6. Miss X says the fault on the Council’s part had the effect of misleading the Court and was material to the adverse decisions the Court has made. As a result, she lost custody of the children, who are in a situation where they are at risk of harm.
7. The Ombudsman cannot investigate Miss X’s complaint. The evidence she has provided shows that the care of the children and her contact with them has been considered and decided in court. The law says we cannot consider what happens in court.
8. This restriction also applies to any matter which is inextricably linked to the matters considered in court. This means the evidence before the Court regarding Miss X’s children falls outside the Ombudsman’s jurisdiction and we cannot consider it. As it is clear the care and welfare of Miss X’s children have been considered in court, we cannot investigate her complaint.

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Final decision

9. We cannot investigate Miss X’s complaint because it concerns matters which have been considered and decided in court.

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Investigator's decision on behalf of the Ombudsman