Summary: We cannot investigate Miss X’s complaint about the Council’s actions during court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered and decided in court. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Miss X, complains a social worker discriminated against her and lied in court during court proceedings which led to her children being placed with her ex-partner. Miss X says she did not have the opportunity to have her case fairly heard by the court.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

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

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My assessment

7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it. The law prevents us from investigating complaints about matters that have been considered and decided in court proceedings.
8. Should Miss X wish to challenge the outcome of the court proceedings this would need to be returned to the court. We cannot consider it.

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Final decision

9. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman