Summary: Mr X complained a Council social worker assaulted him while trying to access his mother’s home. He also complained the social worker provided false information to the police and court. The Ombudsman cannot investigate Mr X’s complaint as it concerns a matter considered by court. The police are better placed to deal with Mr X’s complaint.

The complaint

1. Mr X complained a Council social worker pushed a door into him while trying to access his mother’s house. His mother had denied the social worker access. Mr X also complained that the social worker gave the police and court false statements.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
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 have considered all the information Mr X provided. I have also considered the Council’s response. I have written to Mr X with my draft decision and considered his comments.

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What I found

5. A Council social worker visited Mr X’s mother’s house in September 2019. Mr X says his mother denied the social worker access and in response, the social worker used the front door to try and push Mr X out of the way.
6. Mr X considered the social worker’s actions trespass and assault, and therefore he reported the matter to the police. Mr X says the social worker disputed his version of events and provided the police with a false statement.
7. Mr X says the social worker also provided this statement in court documents used during a hearing about his mother’s social care.
8. As Mr X’s complaint relates to matters considered in court, the Ombudsman does not have jurisdiction to investigate. It is also reasonable to expect Mr X to have raised his concerns with the social worker’s statement during the court proceedings.
9. In any event, the police are better placed to deal with Mr X’s complaint about the social worker’s behaviour, as it relates to alleged trespass and assault. These are criminal matters. It is for the police, and not the Ombudsman, to decide what happened based on both descriptions of the incident.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because it concerns a matter considered by court. Mr X may also take his complaint to the police.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman