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 complaint

1. The complainant, who I shall refer to as Mrs X, says social workers told lies in a report relied on in court.

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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)

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How I considered this complaint

3. I have considered the complaint information provided by Mrs X. I also shared my draft decision with her and noted her response.

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What I found

4. 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.
5. 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.

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Final decision

6. The Ombudsman cannot investigate this complaint as it concerns matters that have already been decided at court.

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Investigator's decision on behalf of the Ombudsman