Summary: We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate his substantive complaint until an ongoing police investigation has concluded.

The complaint

1. The complainant, whom I shall call Mr X, complains about a Child and Family Assessment completed by the Council. Mr X says the assessment was completed without his input or involvement and it contains factual inaccuracies.

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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. (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. Mr X complained to the Council about its completion of a Child and Family Assessment without his input or involvement. He also complained it contained factual inaccuracies.
7. The Council told Mr X it would not consider his complaint until an ongoing police investigation is concluded as the information in the assessment was closely inter-linked with this. It explained the statutory guidance gives it discretion to decide whether to consider a complaint where there are ongoing proceedings such as criminal proceedings. This is in order to avoid prejudicing those proceedings. It told Mr X it could consider his complaint once the police investigation has concluded.
8. There is no sign of fault in the Council’s decision not to consider Mr X’s substantive complaint until an ongoing police investigation has concluded. This is to ensure any other proceedings, which must take precedence, are not prejudiced by any complaint investigation. It is a decision the Council is entitled to make. If Mr X is dissatisfied with the Council's final response to his substantive complaint once he has received it he can ask us to consider it.

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Final decision

9. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider the complaint until the police investigation has concluded.

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Investigator's decision on behalf of the Ombudsman