Summary: We will not investigate this complaint about safeguarding a child. Who will care for the child and have contact with him is a matter for a court, and the matters Mrs X complains of are or could form part of the court case.

The complaint

1. Mrs X said the Council failed to protect her great-grandson from harm and he suffered serious injuries. She said that despite a court deciding the parents were responsible, the Council is wrongly assessing them for contact.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. The child’s care and residence has been or will be decided by a court. The matters about which Mrs X complains are likely to be or have been raised in court as they are integral to who can safely care for and see the child.

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Final decision

7. We will not investigate Mrs X’s complaint because the matters complained of are not separable from those which have been or will be before a court.

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Investigator's decision on behalf of the Ombudsman