Summary: We cannot investigate this complaint about the actions of social workers in dealing with Mr X and his former partner. The matters complained of are not separable from matters that were or could reasonably have been before a court.

The complaint

1. Mr X said his solicitor, at the end of a court case, raised a disparity in investigation, contact and bias by social services staff between the two parties involved. He said social services staff failed to investigate his complaint about the kidnap of his child from school premises by his former partner.

Back to top

The Ombudsman’s role and powers

2. 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)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The complaint concerns matters that were or could reasonably have been before a court.

Back to top

Final decision

7. We cannot investigate Mr X’s complaint because the matters of which he complains are not separable from those that were or could reasonably have formed part of a court process.

Back to top

Investigator's decision on behalf of the Ombudsman