Summary: We cannot investigate this complaint about the Council ignoring safeguarding concerns about Mr X’s child that he has included in a court case he is currently fighting. The complaint is not separable from the court action.

The complaint

1. Mr X said the Council failed to safeguard his child. He said he was currently fighting a court case for his child that included the concerns he raised with the Council that they subsequently ignored.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We cannot investigate Mr X’s complaint because the matters he complains of are not separable for the court action in which Mr X is engaged.

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Investigator's decision on behalf of the Ombudsman