Summary: We will not investigate Ms X’s complaint that the Council has failed to safeguard her child. This is because it is closely connected to matters before the courts.

The complaint

1. In summary, Ms X says the Council failed to safeguard her child, failed to provide support under the Children Act 1989, failed to act on evidence of poor housing conditions, and harassed her through its child protection involvement. She alleges discrimination and procedural failings by individual officers.
2. Ms X wants the Council to remove staff involved and provide her with support.

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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)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint.
8. Ms X’s complaint is concerned with ongoing Children's Services' safeguarding actions, ongoing section 47 child protection enquiries, education enforcement action, and wider disputes concerning her daughter's welfare and living arrangements. The information shows there are active family court proceedings and that the Council has either taken, or is taking, court action connected to the matters complained about.
9. We have no remit to investigate matters in connection with court action. Ms X can raise concerns about the Council's evidence, decisions and conduct within those proceedings. The Ombudsman cannot act as an alternative to, or interfere with, the court's consideration of these matters.
10. As these matters are before the courts, or closely connected to issues the courts are considering, we will not investigate We generally will not investigate where a person has had, or has, the opportunity to raise the substantive issues through court proceedings. The Ombudsman cannot act as an alternative to, or interfere with, the court's consideration of these matters.

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Final decision

11. We will not investigate Ms X’s complaint as it is closely connected to matters to be considered in court.

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Investigator's decision on behalf of the Ombudsman