The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker and why Mr X was angry in court. This is because the matters complained of relate directly to matters raised in court.
The complaint
Mr X said he wanted a social worker to write to a judge to explain why he was angry in court. He said the reason for this was the actions of the social worker before the hearing.
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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint because it directly concerns what happened in court, and matters closely related to the court action. A legal bar prevents us investigating these matters.
Investigator's decision on behalf of the Ombudsman