Summary: We cannot investigate Mr X’s complaint about a social worker’s assessment report because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings.

The complaint

1. The complainant, Mr X, complains about the contents of a social worker’s assessment report. Mr X says the report was biased, inaccurate, omitted important information and misrepresented the facts. He says it unfairly influenced his case and the court’s decision in family court proceedings as the court was misled by the report. Mr X says it prolonged his separation from his child as his child’s mother used it to block contact.

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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. Mr X complains about the contents of a social worker’s report which has been considered in family court proceedings.
8. We cannot investigate Mr 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.

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Final decision

9. 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