Summary: We will not investigate Mr X’s complaint about the Council’s decision not to consider his complaint about a social worker whilst there are ongoing court proceedings. This is because there is no sign of fault in the Council’s decision.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council has not investigated his complaint about misconduct by the social worker dealing with his family’s case.

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The Ombudsman’s role and powers

2. 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)
3. We do not start 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))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about the actions of the social worker allocated to his family’s case. Mr X said the social worker lied; withheld information; attempted to push an agenda against him and shut him out of the proceedings
7. The Council initially arranged a virtual meeting with Mr X to discuss his complaint. However once Mr X provided details of his concerns it told him it could not consider his complaint because to do so could prejudice the ongoing court proceedings. It suggested Mr X raise his concerns to the court during the proceedings.
8. We will not investigate this complaint. This is because there is no sign of fault in the Council’s decision not to consider Mr X’s complaint whilst there are ongoing court proceedings. This is to ensure the court proceedings, which must take precedence over any complaints process, are not prejudiced by any ongoing complaint investigation. The Council has made its decision in line with the statutory guidance to local authorities on the handling of children’s services complaints. This guidance gives the Council discretion in deciding whether to consider complaints where to do so could prejudice any concurrent investigation via court proceedings, tribunals, disciplinary proceedings or criminal proceedings.
9. It will be open to Mr X to resubmit his complaint to the Council to consider once the court proceedings have concluded. The Council can then consider whether it is able to investigate any matters not considered and decided in court, or which could have been raised and considered as part of the court proceedings.

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Final decision

10. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to consider his complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman