Summary: We cannot investigate Mr X’s complaint about the Council’s response to a safeguarding referral because he has since taken the matter of his child’s safeguarding to court.

The complaint

1. Mr X said the Council refused to investigate a safeguarding matter, wrongly stated there had been a court case, and advised him to return to court. He said the court case came after this, not before. He says the Council left his child at risk and the later court action cost him £5000.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I read Mr X’s complaint and the Council’s response. I have given Mr X an opportunity to comment on a draft decision.

Back to top

What I found

5. Mr X confirmed in his complaint to us that he took court action after the Council’s refusal to investigate his safeguarding referral as he wished.
6. Mr X’s complaint focussed on there having been no court action before he made the safeguarding referral. He has also said that his complaint is about the Council’s failure, not the protection of children. But Mr X has since taken the matter of his child’s safety to court. The two matters are not separable. Because Mr X has taken the matter of his child’s safety to court, we have no discretion to consider the complaint about the Council’s response to the safeguarding referral.

Back to top

Final decision

7. We cannot investigate this complaint. This is because the complaint is not separable from a matter where Mr X has used his right to go to court, and we thus have no discretion to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman