Summary: We will not investigate this complaint about what social workers said in court and closing Mr X’s case. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate matters that have been heard in court. Mr X has a right to return to court it would be reasonable to use to pursue contact with his children.

The complaint

1. Mr X said social workers lied in court, then wrongly closed his case, saying they were no longer involved when the promised contact failed to happen.

Back to top

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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

Final decision

6. We will not investigate Mr X’s complaint because:

• we cannot investigate what happened during court proceedings; and
• Mr X has a right to return to court it would be reasonable to use if contact arrangements are not being adhered to.

Back to top

Investigator's decision on behalf of the Ombudsman