Summary: We will not investigate Mrs X’s complaint about matters relating to the Council’s child protection involvement with her family. This is because an investigation by this office could not add to the response the Council has already provided explaining the ongoing family court proceedings need to conclude before it can consider her complaint.

The complaint

1. The complainant, whom I shall call Mrs X, complains about matters relating to the Council’s child protection involvement with her family and reports submitted to the court.

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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 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)
3. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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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. Mrs X complained to the Council about matters relating to its child protection involvement with her family.
7. The Council told Mrs X it is unable to consider her complaint via its complaints procedure at this time due to ongoing family court proceedings. It told Mrs X it can consider a complaint from her, about any matters not raised during the court proceedings, once the proceedings have concluded.

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Final decision

8. We will not investigate Mrs X’s complaint. This is because there is nothing further we could add to the Council’s response explaining it cannot consider her substantive complaint until the court proceedings have concluded. There is no sign of fault in this approach. This is to ensure the complaints process does not prejudice the court proceedings in any way.
9. Mrs X can remake her complaint to the Council once the court proceedings have ended. If she remains dissatisfied with the Council’s final response to her complaint then we can assess it to see if it is a matter we can and should 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.

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Investigator's decision on behalf of the Ombudsman