Summary: We will not investigate this complaint about the actions of the Council’s children’s services. This is because the issues raised by the complainant have been subject to ongoing court proceedings.

The complaint

1. The complainant, who I will call Mr C, complains about the actions of the Council’s children’s services. Mr C says social workers have lied in court and produced an inaccurate assessment in court.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by Mr C and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr C has two children with his ex-partner. Access to the children has been subject to court proceedings in the family courts on several occasions.
7. Mr C complains about the actions of the Council’s children’s services in relation to these proceedings. He says that social workers have lied in court and produced inaccurate assessments to the court.
8. I cannot investigate Mr C’s complaint. The law does not allow us to investigate matters that have been subject to court proceedings.

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Final decision

9. We will not investigate Mr C’s complaint because the matters have been subject to court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman