Summary: We will not investigate this complaint about the actions of a social worker. These matters are not separable from those that were or could have been raised in court. Mr X has a right to return to court it would be reasonable to use.

The complaint

1. Mr X said there was fault in the way a social worker dealing with his family acted. He said she was not properly trained and took a blinkered view that was criticized by a judge. He said she did not assess properly, lied to a court, and failed to accept the judge’s orders. He said she failed to understand she could not make decisions about his daughter’s education without his input.

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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)
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters complained of are not separable from the views and opinions formed about Mr X’s family by the social worker.

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Final decision

8. We will not investigate Mr X’s complaint because the matters complained of are not separable from those already considered by a court. Mr X has a right to return to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman