The Ombudsman's final decision
Summary: We cannot investigate this complaint about why a social worker wrote what she did in a report for court. This is not separable from the matters before the court.
The complaint
Mrs X said the Council has wrongly refused to investigate why a social worker lied in evidence for a court.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Although Mrs X says there is a difference between what a social worker wrote and why she wrote it, that position is not tenable in terms of the separability of the matters she complains of and the current court action.
Final decision
We cannot investigate Mrs X’s complaint because the social worker’s motivations as well as her opinions are not separable from matters that are subject to the decision of a court.
Investigator's decision on behalf of the Ombudsman