Summary: We will not investigate this complaint about Social Workers making false complaints to the police about Mr X in 2016. This is because the complaint is late and the law prevents us from investigating anything that has been the subject of court proceedings.

The complaint

1. Mr X complains Social Workers made false complaints about him to the police in 2016. He says this has led to a lengthy legal battle and him incurring substantial legal costs. He wants the Council to apologise and retract the false allegations Social Workers made about him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

6. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X has been aware of the complaints made to the police about him since at least 2016. I have seen no evidence to explain why Mr X could not have brought these concerns to us sooner.
7. Mr X says the false police complaints triggered the lengthy legal proceedings he has been involved in for the last eight years. We will not investigate Mr X’s complaint as it is closely linked to court proceedings. The law prevents us from investigating complaints about what happened in court, including information a council may have provided during proceedings.

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Final decision

8. We will not investigate Mr X’s complaint because it is late and related to matters that have been the subject of court proceedings. We have no power to intervene or make decisions in place of the court.

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Investigator's decision on behalf of the Ombudsman