Summary: We cannot investigate this complaint about the Councils actions relating to a child. This is because the main issues complained about were considered as part of court proceedings and the law does not allow us to investigate those type of complaints.

The complaint

1. X complained that a social worker fabricated evidence and coerced a witness to lie about them, to affect the outcome of their court hearing. They say this has had a devastating effect on their life and want another investigation to change the court findings.

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The Ombudsman’s role and powers

2. 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)
3. 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

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

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Final decision

5. We cannot investigate X’s complaint because the matters they complain about were considered as part of court proceedings and the law does not allow us to investigate those type of complaints.

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Investigator's decision on behalf of the Ombudsman