London Borough of Waltham Forest (23 001 996)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 01 Jun 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the actions of social workers. The matters complained of are not separable from matters that could reasonably be or have been raised in court.
The complaint
- Mr X said the social workers continue to falsely state he has breached a non-molestation order, and refuse to correct this in records despite knowing it is not true. He said they persistently misinterpret the order and refuse to seek legal counsel. Mr X said the Council had breached his human right to a fair trial by excluding him from a child protection conference.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matters complained of are not separable from the opinions formed by social workers about Mr X and the most suitable contact arrangements for his children. Mr X confirmed in his complaint that there is current court action regarding contact arrangements.
Final decision
- We cannot investigate Mr X’s complaint because the matters of which he complains are not separable from matters that could reasonably be or have been raised in court.
Investigator's decision on behalf of the Ombudsman