Decision : Closed after initial enquiries
Decision date : 20 Feb 2018
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint alleging a social worker lied in a report written for court. This is because it has been used in court proceedings.
- The complainant, who I shall refer to as Mrs X, says social workers told lies in a report relied on in court.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered the complaint information provided by Mrs X. I also shared my draft decision with her and noted her response.
What I found
- Mrs X complains about matters connected with a report that was relied on in court proceedings. This concerns the care arrangements of her relative. Mrs X says the Social Worker told lies in the report and in court.
- As outlined in paragraph two the Ombudsman cannot investigate any aspect of this complaint as it concerns matters determined in Court. It was reasonable to expect Mrs X to have raised her concerns in court.
- The Ombudsman cannot investigate this complaint as it concerns matters that have already been decided at court.
Investigator's decision on behalf of the Ombudsman