Summary: We cannot investigate Mr X’s complaint about evidence a social worker provided to the court in family court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains about a social worker’s evidence to the family court. He says the social worker made false allegations of domestic abuse against him; misled the court in saying his children were not at risk of abuse due to alienation and misrepresented her professional experience. Mr X says this has had a detrimental impact on the proceedings and his family and the social worker’s actions amount to serious misconduct and a failure to uphold professional standards.

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The Ombudsman’s role and powers

2. 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

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

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My assessment

7. Mr X complained to the Council about the evidence a social worker provided to the court in family court proceedings, as set out above.
8. The Council told Mr X it could not consider his complaint as it had been decided in court proceedings.
9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so. This restriction means we cannot consider complaints about evidence the Council has provided to the court.
10. We cannot investigate allegations that a social worker is not meeting their professional standards of conduct. Complaints of this nature are considered by Social Work England as the regulatory body.

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Final decision

11. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman