Rotherham Metropolitan Borough Council (19 018 196)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 31 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman has no legal power to investigate Miss X’s complaint that a Council social worker lied in court documents, provided false information and withheld information about both a court matter and police investigation. This is because the complaint relates to legal proceedings and a police investigation. Such matters are outside the Ombudsman’s legal remit.
The complaint
- Miss X complains a Council social worker lied in court reports, provided false evidence and withheld other evidence from the court.
- Miss X complains the Council social worker withheld information about alleged criminal matters.
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)
- We cannot investigate a complaint about an ongoing police investigation. (Local Government Act 1974, Schedule 5, paragraph 2, as amended)
How I considered this complaint
- I have considered Miss X’s complaint to the Ombudsman and the information she provided. I have written to Miss X with my draft decision and given her an opportunity to comment.
What I found
- Miss X went to court over a child contact matter in August 2019.
- As part of the court proceedings the Council provided documents and information collated by a council social worker.
- We cannot investigate Miss X’s complaint because it concerns information and evidence put before a court. Although councils may provide information to a court, the decision to accept or consider this information is for the courts.
- We cannot investigate how the Council conducts itself during the court proceedings.
Police Investigation
- Miss X says the council social worker has withheld information about alleged crimes and made false allegations of fraud about her.
- There is an ongoing police investigation into these issues.
- The Ombudsman cannot investigate a complaint about an ongoing police investigation.
Final decision
- My decision is that the Ombudsman should not investigate Miss X’s complaint that a Council social worker lied in court documents, provided false information and withheld information about both a court matter and police investigation. This is because the complaint relates to legal proceedings and a police investigation. Such matters are outside the Ombudsman’s legal remit.
Investigator's decision on behalf of the Ombudsman