Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s child’s case. The law says we cannot consider matters that have been considered in court, and we will not consider matters that should be raised as part of proceedings.

The complaint

1. Miss X complained the Council failed to consider safeguarding concerns she raised relating to her child, due to the case currently being subject to private court proceedings. She said this has caused risk to her child, and she wanted the Council to consider her concerns and safeguard her child.

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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)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X says she raised safeguarding concerns with the Council relating to risk to her child, but it declined to investigate the matter. The family courts are currently involved in deciding what is in the child’s best interests.
7. While court proceedings are ongoing, the Council will consider any safeguarding referrals to determine if a child is at immediate risk of harm, and take urgent action if necessary. The information Miss X has provided indicates the Council considered the concerns she raised, and decided they did not require immediate action to protect the child from harm and should therefore be raised as part of the court process instead.
8. We have no power to investigate matters that that have been raised in court. The law also says that where it would be reasonable for a person to raise a matter in court, even if they have not done so, we may decide not to investigate it. Any concerns about the child's safety with the other parent are reasonable for Miss X to raise as part of the ongoing family court proceedings, as they are directly relevant to any decision the judge makes.
9. The Council’s actions in considering the report Miss X made are too intertwined with the proceedings and we cannot investigate this. Ultimately, the concerns are also relevant to any report the Council may be asked to prepare as part of proceedings, and we have no power to investigate the Council’s representations to court. Miss X should raise her concerns via her solicitor.

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Final decision

10. We will not investigate Miss X’s complaint because it is about matters that are currently subject to ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman