The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about safeguarding concerns relating to her children. The issues raised are not separable from matters that are being considered in court.
The complaint
Mrs X complains that the Council has failed to act on safeguarding concerns raised in relation to her children.
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 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.
My assessment
Mrs X says that the actions of her children’s father is placing them at risk and that he is in breach of a court order. Mrs X says the Council has failed to act to safeguard her children.
I will not investigate Mrs X’s complaint. This is because the care and contact arrangements for Mrs X’s children are being considered in court as part of proceedings. The concerns raised by Mrs X in her complaint will be or could reasonably be raised as part of those proceedings.
Final decision
We will not investigate Mrs X’s complaint because the issues raised are not separable from matters that are being considered in court
Investigator's decision on behalf of the Ombudsman