The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about a social worker’s evidence to the court during court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.
The complaint
The complainant, whom I shall call Mrs X, complains about a social worker’s evidence to the court in proceedings relating to her grandson’s contact with his mother. Mrs X complains the social worker unexpectedly changed her evidence in the witness box during the proceedings and contradicted what she had written in her reports. Mrs X says this left her without the opportunity to challenge the social worker’s evidence and their legal advice was based on the social worker’s written reports.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council that a social worker unexpectedly changed her evidence whilst in the witness box during private court proceedings relating to her grandson’s contact with his mother.
Mrs X said the social worker’s evidence in court differed from what she had written in her reports prior to the hearing. Mrs X had paid for legal advice on the basis of the social worker’s written reports, but in court the social worker agreed with the mother’s wishes in full.
We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so. This restriction means we cannot consider complaints about evidence the Council has provided to the court.
Final decision
We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.
Investigator's decision on behalf of the Ombudsman