Summary: We cannot investigate this complaint about information a social worker provided in Court. This is because the law prevents us from investigating matters which have been decided in court.

The complaint

1. The complainant, whom I refer to as Ms X, complained a social worker provided false and incorrect information to a family court which impacted the judge’s decision, resulting in an unfair outcome.

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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 Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The matter has been considered in Court and this places matters relating to it outside our jurisdiction. By law, we cannot investigate whether the information presented to the Court was accurate or complete.

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Final decision

7. We cannot investigate Ms X’s complaint because it concerns a matter which has been considered in court.

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Investigator's decision on behalf of the Ombudsman