The Ombudsman's final decision
Summary: We cannot investigate this complaint about bias by the Council in dealing with Mr X. The matters complained of are not separable from matters that either have been or could reasonably have been raised in a court of law.
The complaint
Mr X said the Council was biased in the way it treated him, in a case of domestic violence based on complete lies. He said he was told that if he had a complaint, he should raise it in court.
The Ombudsman’s role and powers
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) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint concerns the actions of a social worker in forming an opinion of him. The documents Mr X supplied included a reference by him to submitting a statement to a court recently within which he referred to an incident he says the social worker did not mention to him. It is thus clear there has been court action and it is likely that Mr X raised or could reasonably have raised the matters of which he now complains there. Submitting a statement to a court is also a part of court proceedings and we have no authority to investigate the conduct of court proceedings.
Final decision
We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that were, or could reasonably have been, raised in a court of law.
Investigator's decision on behalf of the Ombudsman