Summary: We cannot investigate this complaint about the actions of a social worker because it concerns matters which are the subject of private law proceedings.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council’s social worker was at fault in assessing him and his wife as being unsuitable to care for their grandchildren and in providing false information to a court.

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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. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The care of Mr X’s grandchildren is the subject of private law proceedings to which he is not party. He says the Council’s social worker assessed him and his wife as potential carers for the children. Mr X says the social worker found them to be unsuitable but has not explained why. He further complains that the social worker has provided false information to the Court.
6. The Ombudsman cannot investigate Mr X’s complaint. This is because it concerns matters which have been, or will be, considered and decided in a court. By law, we cannot investigate such matters. The Courts have held that this restriction extends to the evidence presented to a court, such as reports completed by social workers, and how those reports were produced. Mr X’s complaint relates to such matters, so we cannot investigate it.
7. If Mr X believes the Council has information he is entitled to see, he can request it by making a subject access request. If he believes it holds false information, he can pursue his legal right to rectification. There is no role for the Ombudsman in either case.

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Final decision

8. We cannot investigate Mr X’s complaint because it concerns matters which are the subject of private legal proceedings.

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Investigator's decision on behalf of the Ombudsman