Summary: We cannot investigate this complaint about the Council leaving a child with his father rather than removing him. The matters complained of are not separable from matters before a family court.

The complaint

1. Mis X said the Council has not safeguarded her child properly and he is at risk with his father.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X’s complaint to the Council, which she provided, makes it clear there has been recent court action during which the care of a child or children has been or could reasonably have been discussed. The opinions of a social worker as given in an assessment are matters that either have been or could reasonably have been before the court. Miss X’s complaint to us is not separable from that and we cannot investigate it.

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Final decision

8. We cannot investigate Miss X’s complaint because the matters complained of are not separable from matters that either have or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman