The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a social worker. This is because the complaint concerns evidence placed before a court and the law prevents us from investigating such matters.
The complaint
The complainant, Miss X, complains that a social worker has placed false evidence before a court.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complains about the actions of a social worker, who she says has provided false information to a court with the intention of preventing her from seeing her grandson. She wants the social worker made subject to disciplinary action and removed from her grandson’s case.
The Ombudsman cannot investigate Miss X’s complaint because it involves evidence considered in a court. By law, we cannot consider what happens in court. Neither can we achieve the outcome Miss X is seeking. We consider complaints about councils as corporate bodies, not about individuals, and cannot comment on personnel or disciplinary matters.
Final decision
We cannot investigate Miss X’s complaint because it concerns evidence placed before a court.
Investigator's decision on behalf of the Ombudsman