The Ombudsman's final decision
Summary: We will not investigate this complaint about inaccuracies in an assessment carried out by a social worker. We could not achieve the outcome Mr X wants because we could not direct the Council to approach a court. Mr X has a right to take the matter to court it would be reasonable to use.
The complaint
Mr X said inaccuracies in an assessment by a social worker “led a judge to make decisions” and “caused problems in [the] family court”. He wanted the Council to apologise to the court and send a new report.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) 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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint concerns an assessment written by a social worker. The Council’s response to Mr X’s complaint shows it accepted that some of the information in the report was wrong.
However, when he asked the Council to escalate his complaint, Mr X stated the social worker’s assessment “led a judge to make decisions” and “caused problems in [the] family court”. He told the Council “I want the new report sent to the judge by yous [sic]”.
It is clear from this that the assessment was referenced in a court case. It is also clear that the action Mr X wanted the Council to take concerned a court.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants. This is because: we cannot investigate any matter that has formed part of a court process, or make recommendations to the Council concerning court action; and Mr X has had a right to approach the court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman