Summary: We cannot investigate Miss X’s complaint about child protection. The issues raised are subject to court action. We have no power to investigate a complaint where the issues raised are subject to court proceedings.

The complaint

1. Miss X complains the Council did not take child protection action in response to concerns about her child in the custody of their father.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X reported concerns about the welfare of her child in the custody of their father to the Council.
6. Miss also applied to the Court for a child arrangement order to resolve disputes about the upbringing of her child.
7. The court proceedings relate to the issues raised in the Miss X’s complaint to us. The law says we have no legal jurisdiction to investigate any matter subject to court action. We cannot therefore investigate.

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Final decision

8. We cannot investigate Miss X’s complaint because we have no power to investigate because the issues raised are subject to court action.

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Investigator's decision on behalf of the Ombudsman