The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s actions in its children’s services involvement with her family. This is because there is no sign of fault in the Council’s decision not to consider her complaint until the ongoing court proceedings have concluded.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s actions in its children’s services involvement with her family. The Council has told Miss X it will not consider her complaint until the ongoing care proceedings have concluded.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 complained to the Council about matters relating to its children’s services involvement with her family.
The Council told Miss X it could not consider her complaint whilst there are ongoing court proceedings because the matters raised in the complaint are not separable from the proceedings. It advised Miss X she can submit a fresh complaint to the Council once the proceedings have concluded. Also that she should raise her concerns to the court via her legal representative so the court can consider them.
We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings. This is to ensure that the proceedings, which must take precedence, are not compromised by any concurrent complaint investigation. The Council’s approach is in line with the statutory guidance for local authorities on the handling of complaints where there are ongoing court proceedings. Miss X will be able to resubmit her complaint to the Council once the proceedings have concluded.
Final decision
We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint until the ongoing court proceedings have concluded.
Investigator's decision on behalf of the Ombudsman