Summary: We will not investigate this complaint about the court’s decision following a child protection enquiry. We cannot investigate what happened in court and Miss X can reasonably go back to court to challenge the existing orders.

The complaint

1. Miss X says the social worker’s incorrect reports and actions influenced the outcome of the court proceedings. She seeks a decision by the Ombudsman to support her appeal of the court decision.

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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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X complains the social worker gave incorrect reports to the court. The law says we cannot investigate what happened in court, including all the reports and evidence the Council provided.
8. Only the courts can change the existing orders. Miss X can take the matter to court to seek a different decision, and it would be reasonable for her to do so.
9. It is not our role to provide supporting evidence that can be used to challenge existing orders.

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Final decision

10. We cannot investigate Miss X’s complaint about what happened in court because the law prevents us from doing so. It would be reasonable for Miss X to use court action to challenge the court’s decisions about her children.

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Investigator's decision on behalf of the Ombudsman