Bury Metropolitan Borough Council (22 017 753)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 13 Apr 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s family’s case. There are ongoing court proceedings and a police investigation. After these have concluded, it is open to Miss X to complain to the Council and then the Ombudsman, for us to consider matters that are sufficiently separable from the proceedings.

The complaint

  1. Miss X complained the Council has not offered support and has lied and exaggerated about her family. She says the family is experiencing significant distress. She wants her concerns to be taken seriously.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X says the Council became involved in her family’s case at the beginning of 2023 and she has significant concerns about its actions. There are court proceedings and a police investigation ongoing at this time and the Council told her it could not consider a complaint until they had finished.
  2. We cannot consider complaints about matters that are subject to court proceedings, and we cannot influence the court’s decision. While there are court proceedings ongoing, we could not say what matters are separable to those proceedings. After the court proceedings and police investigation have finished, it is open to Miss X to complain to the Council and then the Ombudsman again, and we will consider whether any elements of her complaint are separable and within our jurisdiction.

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Final decision

  1. We will not investigate Miss X’s complaint because the matters she complains about are currently subject to court proceedings and a police investigation.

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Investigator's decision on behalf of the Ombudsman

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