The Ombudsman's final decision
Summary: We will not investigate this complaint about child protection. The matters complained of are not separable from matters that have been or could reasonably subject to court action.
The complaint
Mrs X said the Council had put her child at risk. She said the Council had covered up abuse her child had suffered, including in a s.7 court report. She said the Council’s cover-up influenced the decision of a court and her ex-partner had been allowed contact with the child, who was now at risk.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because the matters of which she complains are not separable from those that have formed part of court action, or which could reasonably have been raised in court.
Investigator's decision on behalf of the Ombudsman