Barnsley Metropolitan Borough Council (22 003 224)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 15 Jun 2022
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint that the Council’s social worker gave inaccurate information to court. We cannot lawfully investigate what happens in court.
The complaint
- Mr X complains the Council’s social worker gave false information, fabricated events, misrepresented the truth, and made accusations against him in court proceedings. He wants the social worker suspended.
- Mr X complains the Council has said he can resume his complaints but will need to start at stage 1 of its complaint procedure.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I have considered Mr X’s information and comments.
My assessment
- I will not investigate this complaint for the following reasons:
- The Ombudsman cannot lawfully investigate what happens in court or as part of court proceedings (see paragraph 3 and 4 above). We cannot investigate the social worker’s evidence to court including any reports.
- The Council may review what complaints it is willing to deal with following court or a change of circumstances. If the Council refuses to deal with complaints which do not involve the court case or delays in doing so Mr X may return to this office.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint that the Council’s social worker gave inaccurate information to court. We cannot lawfully investigate what happens in court.
Investigator's decision on behalf of the Ombudsman