Summary: We cannot investigate this complaint about what a social worker wrote in an addendum to a report for a court. This matter is not separable from the court proceedings.

The complaint

1. Ms X said a social worker wrongly wrote in an addendum to a s.7 report for a court that two of her children had continuously asked to see their father.

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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. 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

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

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My assessment

6. The matters complained of concern what was reported to a court. That forms part of the court process.

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Final decision

7. We cannot investigate Ms X’s complaint because it concerns what was reported to a court.

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Investigator's decision on behalf of the Ombudsman