Summary: We cannot investigate Mrs X’s complaint about a social worker’s assessment of her family. This formed part of ongoing court proceedings and we are legally prevented from investigating it.

The complaint

1. Mrs X said a social worker’s assessment of her family was flawed, and her children could have been harmed if a court had accepted what the social worker said. She wanted a different social worker to prepare the fresh report ordered by the court.

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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.
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)

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How I considered this complaint

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

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Final decision

6. We cannot investigate Mrs X’s complaint because it directly concerns the conduct of court proceedings.

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Investigator's decision on behalf of the Ombudsman