Summary: We will not investigate this complaint about the Council’s involvement with Ms X’s children. It relates to matters that are currently being considered in court.

The complaint

1. Ms X complained about the Council’s involvement with her children. She says it put her children at risk and its actions have caused her and her children anxiety and uncertainty. Ms X wants the social worker to be dismissed.

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

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My assessment

5. Ms X complained about the Council’s action in relation to her children. There are currently private proceedings ongoing and the Council submitted a Section 7 report in October 2022 as part of these proceedings. We cannot consider the Council’s actions in relation to that process, which includes the content of its report to court. We also cannot consider matters that are inextricably linked to those proceedings.
6. We could not come to sound conclusions at this time, due to the court proceedings not having completed yet. When those proceedings have reached the end, it is open to Ms X to complain to us about any matters she views as separable to the court proceedings.

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Final decision

7. We will not investigate Ms X’s complaint because it relates to court proceedings that are currently ongoing.

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Investigator's decision on behalf of the Ombudsman