Summary: We cannot investigate this complaint about a child protection matter. This is because the complaint is inextricably linked to ongoing court proceedings.

The complaint

1. Mr Y complains about how the Council handled his family’s case following an accusation of abuse from within the family home. He says the communication with the family was poor, support was biased in favour of the alleged victim and the Council then failed to respond to his complaints.
2. Mr Y says his relative who has been accused, a child, has not been receiving the same level of support as the alleged victim. He is concerned about how this will affect the accused in the long term. He also says he and his family have suffered upset and inconvenience because their complaints were not answered and the Council’s communication has caused confusion.

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The Ombudsman’s role and powers

3. 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

4. I considered the information Mr Y and the Council provided before making this decision.
5. I have considered the Ombudsman’s Assessment Code.

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What I found

6. Mr Y is facing proceedings against him for failing to protect a child. A court hearing will take place in November 2021 for this. The accused child is currently awaiting trial. There are also concerns about witnesses being led ahead of the trial.
7. As these proceedings are ongoing and the matters Mr Y has complained to us about are inextricably linked to the issues to be considered by the court, we cannot investigate this complaint.

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Final decision

8. We cannot investigate this complaint about a child protection matter. This is because the complaint is inextricably linked to ongoing court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman