The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a social worker’s report because it was used in the family court during private law proceedings between Mr X and another party. We have no remit to look at what was decided in court.
The complaint
Mr X complains about the accuracy of a report by a Council officer. He says it has resulted in him having no contact with his child. Mr X would like the Council officer dismissed and a new report produced by a male officer.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Council’s complaint response says Mr X was able to raise the factual inaccuracy in court. And a Council officer admitted in court to the mistake.
We cannot investigate. This is because we have no remit to look at any matters connected to court decisions.
Final decision
We cannot investigate Mr X’s complaint because we cannot investigate matters related to court action.
Investigator's decision on behalf of the Ombudsman