Summary: We will not investigate this complaint about the Council’s children’s services involvement in Mr X’s child’s case. The complaint is about the content of a report written for court and related matters. The law prevents us from investigating what happens in court, and the related matters are not separable from the proceedings themselves.

The complaint

1. Mr X complained the Council fabricated evidence against him and was biased in its assessments of his child’s welfare. He said this affected family court proceedings, caused risk to his child and caused him distress. He said the social worker behaved in an aggressive, inappropriate and unprofessional way. He wanted the Council to apologise and dismiss the responsible social workers.

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 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))

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

My assessment

6. The law expressly prohibits us from investigating what happens as part of court proceedings. This includes:
• the content of reports written for, or used in, court; and
• the actions of social workers when compiling evidence for those reports, where the alleged impact of their actions is what they presented to the court.
7. We cannot influence the outcome of court proceedings. It is reasonable for Mr X to raise his concerns as part of the proceedings, insofar as they may impact the weight the judge assigns to the Council’s representations.
8. We will not investigate the actions of the social worker, who Mr X says was verbally abusive towards him and his partner during a visit to their home. This is ultimately not separable from the substantive complaint which is the subsequent content of the social worker’s report. In any event, we have no power to recommend social workers are dismissed from their employment.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because the law prevents us investigating what happens as part of court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman