Summary: We will not investigate this complaint about the alleged testimony of Council social workers made during Court proceedings. This is because the complaint relates to matters that took place in Court and is therefore outside of our jurisdiction.

The complaint

1. Mr X complained on behalf of Mrs P and her family that Council social workers made false statements in court that led to a forced adoption of a child.
2. Mr X said this caused Mrs P and her family considerable distress and upset.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained on behalf of Mrs P that Council social workers made false statements in court and failed which led to a child being adopted.
8. The Council told Mr X it would not investigate the complaint as it related to matters that took place in court.
9. Mr X remains unhappy with the situation and wants us to find the Council at fault. The Ombudsman does not have jurisdiction to investigate events that concern or relate to matters that took place in Court. As this complaint concerns matters that are inextricably linked to court proceedings, we do not have jurisdiction to investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because the complaint relates to matters that took place in Court and is therefore outside of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman