Summary: We cannot investigate Miss X’s complaint that the Council failed to take safeguarding action to protect her child. The Court is considering the child’s care and we cannot investigate the same issues.

The complaint

1. The complainant, whom I shall call Miss X, says the Council allowed her child, B, to miss three months of school and has failed to take action in response to her safeguarding referrals.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information Miss X provided with her complaint which included the Council’s response to her. Miss X had the opportunity to comment on a draft version of this decision.

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What I found

4. Miss X says that she started contacting the Council’s children services team in August 2018. She was concerned about her child, B. B was 14 and lived with their father. Miss X believed B was being harmed by parental alienation.
5. Miss X says B missed school from December 2019 to February 2020. She believes one day a week B had a paid job. She says the Council should have made sure B was in school.
6. The Council advised Miss X to apply to Court. It said B’s care arrangements were a private matter between Miss X and B’s father. Miss X applied to Court. The proceedings became delayed due to the Courts’ response to COVID-19. The Court initially instructed CAFCASS to assess B’s circumstances. But by December 2020 it had ordered the Council to provide a section seven report. This is a report which sets out B’s circumstances, welfare and care options.
7. Miss X believes the Council should have done more to support her wish for contact with B, and should have made sure B was in school.

Analysis

8. We cannot investigate the same issues the Court is considering. It is considering B’s welfare and care arrangements. This includes whether the Council needs to take safeguarding action.
9. It is the parent’s duty to ensure their child receives an education. If the Council had taken legal action to ensure B was in school it would have been against Miss X, along with B’s father.

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Final decision

10. We cannot investigate Miss X’s complaint. This is because we cannot investigate the same issues a Court is considering.

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Investigator's decision on behalf of the Ombudsman