Summary: We cannot investigate Mr X’s complaint about the Council’s child protection involvement with his family because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We cannot do so.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council misled the court during court proceedings and a social worker threatened one of his children into telling lies which led to the children being removed from his care.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot consider Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are, or have been, subject to court proceedings. We have no discretion to do so. If Mr X wishes to appeal the court’s decision it will need to be returned to the court. It is not a matter we can consider.
8. Should Mr X wish to raise a complaint or concern about the social worker’s fitness to practice, this is a matter the regulator, Social Work England, is best placed to consider.

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Final decision

9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman