Summary: We cannot investigate part of X’s complaint because the primary issue about their children’s safety is being considered by a court. We will not investigate the remainder because the issues relate too closely to court proceedings.

The complaint

1. X complains the Council:
1. failed to act on safeguarding referrals regarding their children; and
2. closed a section 17 referral before completing a risk assessment.
2. X said the matter caused them distress and frustration.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. X has children that previously spent time with them and their other parent. X raised safeguarding concerns about the other parent and made a referral to the Council. At around the same time they made an application to the courts.
9. We cannot investigate part of X’s complaint because the issues raised are now being considered by a court. Although the Council is not directly involved in the current proceedings, the primary matter about X’s children’s safety is being considered by the courts.
10. The law says the Ombudsman has no authority to investigate matters that are being considered or that have been considered by a court. The safety and wellbeing of the children is open to the courts. Therefore, we cannot investigate most of X’s complaint as explained at point four of this decision. The Council’s actions are not sufficiently separable from the matters the court will now decide.
11. Part of X’s complaint relates to a period which occurred at around the same time as the application to court. The Ombudsman will not investigate this period. The subsequent court hearings likely considered the issues X raised with the Council regarding their children’s safety and the risks associated with their other parent.
12. Because the complaint relates to matters later considered by a court, we will not investigate as explained at point five of this decision.

Back to top

Final decision

13. We cannot investigate most of X’s complaint because the primary issues are being considered by a court. We will not investigate the remainder because the issues relate too closely to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman