The Ombudsman's final decision
Summary: We cannot investigate this complaint about the content of a court report and the Council’s actions in creating a conflict of interest that delayed a court case. The matters complained of are not separable from matters that form part of court proceedings.
The complaint
Mr X said the Council took too long to respond to his complaint. He said the Council fabricated information, which put him at an extreme disadvantage. He said a social worker failed to amend a court report that contained fabricated information. Mr X said another social worker caused a conflict of interest discovered by a judge that delayed his court case by five months and meant only one judge in the area was able to deal with it.
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) 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) 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
The fabrications to which Mr X refers relate to the content of a court report. The court report forms part of a court process. We cannot consider it or the way in which the social worker acted in forming the views in the report, as that is not separable from court proceedings.
The conflict of interest to which Mr X refers was, according to him, discovered by the judge dealing with his case. Similarly, the actions of the Council in creating any conflict of interest raised in court are not separable from the proceedings of the court.
We have no authority to consider the way the Council considered a complaint about either matter, as they are outside our jurisdiction.
Final decision
We cannot investigate Mr X’s complaint because the matters complained of are not separable from the conduct of court proceedings.
Investigator's decision on behalf of the Ombudsman