Summary: We will not investigate Mr X’s complaint that the Council’s Social Workers lied about him in Court. The law prevents us from investigating matters that were considered, or could have been considered, in Court.

The complaint

1. Mr X complains the Council’s social services lied about him in the Family Court and to his child’s family. He says the matter has caused him distress. He wants an investigation into the conduct of the Council’s social services and for new court proceedings to be initiated with no bias. He also wants compensation for the distress and lost time with his child.

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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 also 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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters that Mr X raises were considered, or could have been considered, as part of the Family Court proceedings. If Mr X was dissatisfied with any allegations made against him then it would have been reasonable for him to dispute those during the court proceedings. We cannot investigate any allegations of bias, unprofessional behaviour or factual inaccuracies in any reports used in court as these form part of the court proceedings. We also cannot say whether the social worker’s conduct or claims impacted the court outcome. Therefore, I will not investigate Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because the matters were considered, or could have been considered, in Court.

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Investigator's decision on behalf of the Ombudsman