Summary: We will not investigate Ms M’s complaint about the Council’s concerns for her children because the matter is now before the Court. We cannot investigate complaints about matters which will be decided by the Court.

The complaint

1. The Council is concerned about Ms M’s children. The children are subject to a child protection plan. Court proceedings are underway. Ms M is unhappy with the Council’s involvement in her life.

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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. The Council is concerned about Ms M’s children. I have not included the details here to ensure their anonymity.
6. At first the Council made the children subject to a child protection plan. The Council remained concerned for the children. Court proceedings are now underway. Ms M has legal representation.
7. We cannot investigate Ms M’s complaint because the matter is now before the Court. The Court will decide whether there is a role for the Council in the lives of Ms M and her children.

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Final decision

8. We will not investigate Ms M’s complaint because the matter is now before the Court. We cannot investigate complaints about matters which will be decided by the Court.

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Investigator's decision on behalf of the Ombudsman