The Ombudsman's final decision
Summary: We will not investigate this complaint about what social workers said in court and closing Mr X’s case. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate matters that have been heard in court. Mr X has a right to return to court it would be reasonable to use to pursue contact with his children.
The complaint
Mr X said social workers lied in court, then wrongly closed his case, saying they were no longer involved when the promised contact failed to happen.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because: we cannot investigate what happened during court proceedings; and Mr X has a right to return to court it would be reasonable to use if contact arrangements are not being adhered to.
Investigator's decision on behalf of the Ombudsman