Summary: We cannot investigate Mr X’s complaint about social workers lying to the court in ongoing court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about what has happened in court. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains two social workers lied to the judge via their legal representative in ongoing court proceedings.

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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)

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How I considered this complaint

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

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My assessment

6. Mr X complained two social workers lied to the judge via their legal representative in proceedings which are ongoing.
7. The Council told Mr X it cannot consider his complaint via its complaints procedure until the ongoing proceedings have concluded. It explained why it made this decision. It told Mr X he could resubmit his complaint to the Council for consideration of any matters not considered or decided by the court once the proceedings have concluded.
8. We cannot investigate Mr X ‘s complaint. The law prevents us from investigating complaints about matters that are being, or have been, considered in court. We have no discretion to do so. Any dissatisfaction with the evidence provided to the court should be raised during the proceedings so that it can be considered before the judge makes a decision.

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Final decision

9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and the law prevents us from considering it.

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Investigator's decision on behalf of the Ombudsman