The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker. The matters complained of are not separable from the conduct of court proceedings.
The complaint
Mr X said a social worker lied in a family court, which led to his grandchildren being placed with their “alleged” father. He said the Council had not been able to complete its complaints procedure.
The Ombudsman’s role and powers
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) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Matters concerning where a child should live and with whom can only be decided by a court. The actions of a social worker in preparing reports or giving evidence are not separable form that.
Final decision
We cannot investigate Mr X’s complaint because it is not separable from matters that formed part of a court process.
Investigator's decision on behalf of the Ombudsman