Summary: We cannot investigate Mr X’s complaint about false information that led towards his child being removed from his care. The issues raised relate to what happened in court.

The complaint

1. Mr X says a social worker lied by reporting that his child became floppy after he shook them. Mr. X says this false information led to his child being taken care.

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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).

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says a social worker wrongly reported that his child became floppy after he shook them, and that this led to criminal proceedings and his child being taken into care. Mr X says he has evidence that contradicts what the social worker reported.
7. I cannot investigate Mr X’s complaint. The matters he raises formed part of court proceedings, and therefore we do not have power to investigate this. The law prevents us from investigating anything that has formed part of court proceedings, this includes the preparation and contents of reports presented to the courts by the Council.

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Final decision

8. We cannot investigate Mr X’s complaint because the issues raised relate to court proceedings which are outside the Ombudsman remit.

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Investigator's decision on behalf of the Ombudsman