The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s response to safeguarding concerns when writing and since filing a court report. The matters complained of are not separable from matters which have been and are subject to court action.
The complaint
Mr X said the Council failed to properly investigate safeguarding concerns when it filed a court report and since then. He said his children are at risk in their mother’s care and that they have missed a lot of time at school.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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
There has been a court hearing concerning the arrangements for the care of Mr X’s children and another hearing is due. The Council’s report has been considered by the court and so forms part of court proceedings. Mr X has a right that it would be reasonable to use to raise the matters he complains of with the court.
Final decision
We cannot investigate Mr X’s complaint because the matters he complains of are not separable from matters that have either been subject to court action, or where Mr X has a right to raise them in the ongoing court action it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman