Summary: We will not investigate Ms X’s complaint about the Council’s involvement with her children. This is because the law prevents us from investigating anything that has or is the subject of court proceedings.

The complaint

1. Ms X complains the Council has failed to properly support her children. She says this has negatively impacted on her children’s mental health and development. She wants the Council to allocate individual Social Workers to focus on each child’s needs. Ms X also wants her children to receive counselling and therapy.

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The Ombudsman’s role and powers

2. 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

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

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Final decision

5. We will not investigate Ms X’s complaint because this issues raised are the subject of ongoing court proceedings. The law places an absolute and permanent bar which prevents us from investigating anything that is or has happened in court. It would be reasonable for Ms X to raise any concerns or representations in court.

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Investigator's decision on behalf of the Ombudsman