Summary: We cannot investigate Mr X’s complaint about a social worker’s evidence given to a Court.

The complaint

1. Mr X says a Council social worker has misled a court with a biased and unbalanced report.

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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 we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I considered information provided by Mr X which included the Council’s.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says a Council social worker has provided a court with a biased report ignoring vital evidence and information he gave. He says the officer gave poor oral evidence to a Court. He says this means he has not seen his children.
7. We cannot investigate the content or preparation of reports Council officers have given to a Court. We cannot investigate the evidence an officer gives in Court hearings.
8. The Council has refused to reply to Mr X’s complaint while the Court proceedings continue. We cannot investigate how the Council replied to Mr X’s complaint because we cannot look at the complaint itself.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot investigate evidence given to the Court.

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Investigator's decision on behalf of the Ombudsman