Wigan Metropolitan Borough Council (19 016 277)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 28 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Ms X’s complaint that the Council’s social worker lied to a court and she lost the care of her child. What happens in a court is outside our jurisdiction.
The complaint
- Ms X complains that the Council’s social worker lied in court to a judge and she lost care of her daughter who is living with Ms X’s brother. Ms X says she has not seen her daughter for over a year and wants her back.
- Ms X complains the Council’s social worker denied that there was abuse of her personal data. Ms X says the Information Commissioner is investigating. Ms X says a social worker labelled her mentally ill, but the health service has removed that label.
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 Ms X’s information and comments.
What I found
- Ms X says she has not been fairly treated and is heart broken by not seeing her daughter. She says she is a victim of theft and identity fraud. She refers to a health service criminal probe.
Analysis
- I will not investigate this complaint for the following reasons:
- Ms X’s complaint about what happened in court is outside the Ombudsman’s jurisdiction (see paragraph 3 above). We cannot investigate what happened in court including the social worker’s evidence whether via a court report or otherwise.
- Ms X can take her complaints about the handling of her personal information to the Information Commissioner which I understand she has done.
- We do not investigate crime which is a matter for the police. If Ms X has a complaint about the health service she may go to the Health Service Ombudsman.
Final decision
- The Ombudsman cannot investigate Ms X’s complaint that the Council’s social worker lied to court and she lost the care of her child. What happens in court is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman