The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint. This is because an investigation by this office could not add to the response the Council has already provided which explains the ongoing family court proceedings need to conclude before it can consider her complaint.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s decisions on her special guardianship order applications in relation to her grandchildren.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complains about the Council’s decisions in relation to her special guardianship applications for her grandchildren. The childrens’ case is currently subject to care proceedings in the courts.
The Council told Miss X it could not consider her complaint via the complaints procedure until the ongoing court proceedings have concluded. It explained this is to ensure the court proceedings, which must take precedence, are not prejudiced. It advised Miss X to raise her concerns to the court and to seek legal advice. The Council invited Miss X to contact it again once the court proceedings have concluded so it can consider her complaint. It explained it cannot alter the court’s decisions.
Final decision
We will not investigate Miss X’s complaint because there is nothing further we could add to the Council’s response explaining why it will not consider the matter via the complaints procedure until the court proceedings have concluded.
If Miss X remains dissatisfied once her complaint has completed the Council’s complaints procedure, following the court proceedings, then we can assess it to see if it is a matter we can consider. However, the law prevents us from considering complaints about matters that are being or have been considered in court. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman