Summary: We cannot investigate most of Mrs X’s complaint about the Council’s refusal to intervene in a disagreement about childcare arrangements. Mrs X applied to a court to consider the issue, and the law says we cannot investigate matters which have been considered by a court. We will not investigate Mrs X’s concerns about how the Council responded to her safeguarding concerns because this is likely to form part of the court proceedings.

The complaint

1. Mrs X complained the Council:
1. refused to intervene in a dispute about childcare arrangements regarding her children and her ex-partner; and
2. failed to investigate her safeguarding concerns relating to her children.
2. Mrs X said the matters caused her distress and uncertainty.

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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))

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How I considered this complaint

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

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My assessment

8. We cannot investigate most of Mrs X’s complaint. Mrs X told the Ombudsman she applied to the courts regarding her contact with her children.
9. Because a court will now determine the issues Mrs X complained about, the law says we cannot investigate this complaint.
10. For the remainder, Mrs X’s concerns centre around whether her children are safe in the care of their father in the interim. It is likely Mrs X either has or will inform the courts about these matters. Consequently, we will not investigate because it is likely to form part of the court proceedings.

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Final decision

11. We cannot investigate most of Mrs X’s complaint because the law says we cannot investigate matters which have been subject to court proceedings. We will not investigate the remainder because the issues complained about could be raised as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman