Summary: We will not investigate this complaint about the actions of a social worker in removing Mrs X’s children and lying in court. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from those that were or could reasonably have been subject to the court process.

The complaint

1. Mrs X said a social worker lied in court and treated her family badly. She wanted the social worker sacked.

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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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Final decision

6. We cannot investigate Mrs X’s complaint because the matters complained of concern the social worker’s opinions about and intent towards Mrs X’s family and plans for where her children should live. These were or could have been raised during the court process that decided the children’s residence.

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Investigator's decision on behalf of the Ombudsman