The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of two social workers. The matters complained of are not separable from matters that either formed part of court proceedings or could reasonably have done so.
The complaint
Mr X said two social workers behaved dishonestly towards him and made coercive threats. He said the Council is now ignoring his complaint and has called him “paranoid and delusional” and labelled him as a “vexatious complainant”. He said the Council had refused to investigate because doing so would affect the Council’s case against his family and make it clear that social workers had lied in court.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint comes in the context of court action concerning the care of a child or children of Mr X’s family. The correspondence Mr X sent shows the matters complained of relate to the views of social workers about Mr X’s suitability to care for children. They are not separable from court action and the Ombudsman thus cannot consider the complaint.
Final decision
We cannot investigate Mr X’s complaint about the actions of two social workers as these matters are not separable from matters that formed part of court proceedings, or which could reasonably have done so.
We cannot investigate the way the Council dealt with Mr X’s complaint because the substantive matters complained of are outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman