The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council’s social workers have lied in court and provided false evidence. We cannot lawfully investigate actions which are part of a court case.
The complaint
Mr X complains the Council’s social workers have lied about him in court and falsified documents about him. He says the social workers are friends of other parties to the case. Ms X says the Council’s actions have harmed his relationship with his wife. He says the Council has caused him to have a breakdown. He wants the social workers dismissed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered Mr X’s information and comments.
My assessment
I cannot investigate Mr X’s complaint which is outside the Ombudsman’s jurisdiction. We cannot investigate actions which are part of court proceedings (see paragraph 2 and 3 above). This includes the Council’s evidence to court and what a social worker has said under oath.
A claim that the Council has caused damage to Mr X’s health is outside the Ombudsman’s jurisdiction (see paragraph 4). Mr X has a legal remedy at court. It is reasonable for Mr X to use his legal remedy because a court has the power to decide the claim and award damages. The Ombudsman could not investigate harm arising from a legal case which lawfully we cannot investigate (see paragraph 6 above).
Final decision
The Ombudsman cannot investigate Mr X’s complaint the Council’s social workers have lied in court and provided false evidence. We cannot lawfully investigate actions which are part of a court case.
Investigator's decision on behalf of the Ombudsman