Summary: We cannot investigate Mr X’s complaint about the Council’s handling of safeguarding matters about his child, and the conduct of a social worker. This matter is outside our jurisdiction as court action relating to child protection matters has started.

The complaint

1. Mr X complains about the Council’s handling of safeguarding matters about his child, and the conduct of a social worker.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
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 Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained about how the Council handled safeguarding matters about his child, and about the conduct of a social worker.
9. The Council told Mr X it could not consider his complaint further due to ongoing safeguarding concerns involving his child.
10. The Council has taken child protection action with which Mr X disagrees.
11. The matters Mr X complains about are not separable to the child protection court proceedings. Therefore I am unable to investigate Mr X’s complaint.
12. I will not investigate Mr X’s complaint about the Council’s handling of safeguarding matters about his child, and the conduct of a social worker. This matter is outside our jurisdiction as court action relating to child protection matters has started.

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Final decision

13. We will not investigate Mr X’s complaint about the Council’s handling of safeguarding matters about his child, and the conduct of a social worker. This matter is outside our jurisdiction as court action relating to child protection matters has started.

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Investigator's decision on behalf of the Ombudsman