Summary: We will not investigate this complaint about the actions of the Council’s children’s services. This is because there is insufficient evidence of fault in the Council’s decision to suspend its complaint investigation until proceedings have concluded.

The complaint

1. The complainant, who I will call Mrs X, complains about the actions of children’s services. She says inaccurate reports have been written, she was not provided with appropriate advice about contact arrangements between her children and their father and that communications from social workers has been poor.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)

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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. The Council received a safeguarding referral concerning Mrs X’s children. It completed a Children and Family Assessment. Private. Proceedings have since commenced to consider the future contact arrangements of Mrs X’s children, the courts have asked the Council to complete a Section 7 report which will be considered during these proceedings. The Council has told Mrs X it will not consider her complaint at this stage as doing so may prejudice the court proceedings.
7. I will not investigate Mrs X’s complaint. There is insufficient evidence of fault in the Council’s decision not to progress Mrs X’s complaint until after proceedings have concluded. Councils can refuse to consider a complaint if investigating a complaint could prejudice concurrent court proceedings. However, after the proceedings have ended, a complainant can resubmit the complaint for the council to consider.
8. If Mrs X wants to pursue any of her complaints she can do so after these proceedings have ended. We may be able to then consider some elements of her complaint but only those that are separable from court proceedings.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman