The Ombudsman's final decision
Summary: We cannot investigate this complaint about the safety of children when visiting a parent. The matter complained of is not separable from matters that form part of court proceedings.
The complaint
Mrs X said the Council failed to carry out a correct check on the other parent when he had contact with her children, who are subject to child protection plans. She said the Council had brushed the matter under the carpet and has still not done what is necessary to protect her children outside her own care.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The correspondence Mrs X sent us refers to ongoing court action regarding who may safely have contact with the children of her family. We cannot supplant the role of a court, either now or after the court action has concluded.
Final decision
We cannot investigate Mrs X’s complaint because the matter she complains of is not separable from matters that could be or have been raised during court proceedings.
Investigator's decision on behalf of the Ombudsman