The Ombudsman's final decision
Summary: We cannot investigate this complaint about what a social worker wrote in an assessment. The matter complained of is not separable from matters that have formed part of a court process.
The complaint
Mrs X said a social worker included inaccurate information in an assessment. She said this was then included in a court report, which the family has had to fight to get corrected.
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 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Court action starts at the point where one party contacts the court, and includes the papers filed. The assessment about which Mrs X complains fed into a court report by the Council. The matter of the assessment is therefore not separable from the court process.
Final decision
We cannot investigate Mrs X’s complaint because the matters complained of are not separable from matters that have been part of a court process.
Investigator's decision on behalf of the Ombudsman