Summary: We cannot investigate this complaint about the actions of a social worker. The matters complained of are not separable from matters forming part of court action.

The complaint

1. Mr X said a social worker misrepresented information in reports and provided false information to a court. He said she omitted crucial details and attempted to facilitate child abduction out of the UK by undermining court efforts and providing false information. He said she also falsified police reports and discriminated against him because of his gender and ethnicity. Mr X said the false information caused £50,000 in extra legal costs, disrupted his contact with his child and placed the child at risk.

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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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The alleged actions of the social worker are not separable from the written and/or verbal evidence she would have provided to a family court deciding what the contact and residency arrangements for the child should be.

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Final decision

10. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that either formed part of court action or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman