Summary: We will not investigate this complaint about statements a Council social worker made during a court hearing. This is because the complaint relates to events that took place in court and these matters are outside of our jurisdiction.

The complaint

1. Mr X complained a Council worker made false statements during a court hearing.
2. He said he was caused distress by the social worker’s actions.

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The Ombudsman’s role and powers

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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained that the Council social worker appointed to his ex-partner made false statements in court which negatively affected the proceedings. He also complained that the Council assured him the social worker would not attend the hearing.
7. Mr X complained to the Council and the whilst the Council upheld his complaint regarding the social worker’s attendance, it did not uphold his complaint regarding the accuracy of the social worker’s statements.
8. Mr X remains unhappy with the situation and wants us to find the Council at fault. The Ombudsman does not have discretion to investigate complaints that concern events that took place in court. It is open to Mr X to pursue this matter via legal channels.

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Final decision

9. We will not investigate Mr X’s complaint because it concerns events that took place in court and is therefore outside of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman