Summary: We will not investigate Ms X’s complaint about the actions of the Council in relation to a concern she raised about her child. This is because they have already been considered in Court proceedings or Ms X could have raised them in Court.

The complaint

1. Ms X complained about the Council’s response to a concern she raised about her child. She says the Council’s actions caused abuse and neglect to her child and impacted her mental well-being.

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The Ombudsman’s role and powers

2. 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))
3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Court has issued a judgement relating to Ms X’s family. Ms X’s complaints relate closely to the matters considered by the Court. We cannot investigate any matters addressed as a part of Court proceedings.
8. Ms X complained about the Council’s response to concerns she had about her child. We will not investigate this part of her complaint as Ms X had the opportunity to raise these matters during Court proceedings.
9. Ms X complained about the professionalism of the Social Worker. Social Work England are better placed to consider this part of her complaint.

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Final decision

10. We will not investigate this complaint because Ms X had opportunity to raise the matters in Court or they were considered in Court proceedings.

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Investigator's decision on behalf of the Ombudsman