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 says we cannot investigate complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Mrs X, complains a social worker lied to the court during proceedings for her grandchild in order to make sure he is placed for adoption.

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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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council about evidence the social worker provided to the court during proceedings for her grandchild, which she says impacted the outcome.
8. The Council explained it could not consider Mrs X’s complaint via its complaints procedure because it was about matters that have been considered in court proceedings.
9. 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 means we cannot consider complaints about evidence the Council provided to the court.

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Final decision

10. We cannot investigate Mrs 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