Summary: We cannot investigate Miss X’s complaint about the actions of a social worker. This is because she has already raised the matter during court proceedings and the law says we cannot investigate. For any other outstanding issues, Miss X could reasonably have raised the matter with the courts.

The complaint

1. Miss X complained about the actions of a social worker during court proceedings and their conduct both in and outside of court.
2. Miss X said the matter caused her distress and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
6. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

9. We cannot investigate Miss X’s complaint. This is because the matters she complained about have been considered during a court process. The law says the Ombudsman cannot investigate matters which have been considered by a court.
10. Miss X wrote statements for court about the matter. The court made directions for the Council and instructed it to conduct actions in conjunction with Miss X’s complaint. Consequently, I consider the matters have been raised during court proceedings and therefore we cannot investigate this complaint.
11. For any remaining matters Miss X complained about, it is likely any issues can or could have been referred to the court as part of that process. Therefore, we will not investigate Miss X’s complaint.

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Final decision

12. We cannot investigate Miss X’s complaint because she has already raised the matter during court proceedings and the law says we cannot investigate. For any other outstanding issues, Miss X could reasonably have raised the matter with the courts.

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Investigator's decision on behalf of the Ombudsman