Summary: We cannot investigate this complaint about an alleged false statement made by a social worker leading to the removal of a child from a care placement. That this resulted in the opening of court proceedings means a legal bar prevents us investigating this matter.

The complaint

1. Miss X said a social worker made a false statement that led to removal of her child from family members who were caring for them. She said the Council took court action and it was only after the production of video evidence that the child was returned.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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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Final decision

7. We cannot investigate Miss X’s complaint because the statement led to an approach to a court regarding the care of a child. The matters complained of are not separable from the matters that occasioned the court approach, and we are thus legally prevented from investigating them.

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Investigator's decision on behalf of the Ombudsman