Summary: The Ombudsman cannot investigate Mr X’s complaint that a social worker gave evidence to a court which is biased and incomplete. The Ombudsman cannot investigate what happens in court including the content of a court report.

The complaint

1. Mr X complains that the Council’s social worker has written a court report which is biased in favour of the mother of his children and omits key information. He says the social worker lied to get the mother on legal aid. He says the court case has been sabotaged, he was forced to give the children back, and he wants to present evidence of social worker bias to the judge. Mr X wants the social worker removed from the case. He also says he did not see his children for some weeks.

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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 Mr X’s information and comments.

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What I found

4. Mr X refers to a court case concerning the welfare of his children. He criticises a social worker and a doctor.

Analysis

5. I cannot investigate this complaint for the following reasons:
6. It is outside the Ombudsman’s jurisdiction because it involves or involved court proceedings (see paragraph 2 above). This includes the social worker’s evidence and the court report.
7. The Ombudsman cannot achieve what Mr X wants. He or his solicitor will need to make his views known to the court.
8. We have no jurisdiction to investigate decisions on legal aid or the actions of a doctor and medical evidence to court.

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Final decision

9. The Ombudsman cannot investigate Mr X’s complaint that the Council’s social worker gave evidence to a court which is biased and incomplete. The Ombudsman cannot investigate what happens in court including the content of a court report.

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Investigator's decision on behalf of the Ombudsman