Summary: We will not investigate Miss X’s complaint about the Council’s child protection involvement with her family. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst the case is subject to ongoing court proceedings.

The complaint

1. The complainant, whom I shall call Miss X, complains about matters relating to the Council’s child protection involvement with her family. The Council has told Miss X it will not consider her complaint due to the ongoing court proceedings.

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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. Miss X complained to the Council about its child protection involvement with her family. Miss X’s children have been in foster care for several months despite the Council initially telling her it would only be for the weekend. The case is currently subject to ongoing proceedings. Miss X would like the case to be closed and her children returned to her care or to a family member.
7. The Council told Miss X it could not consider her complaint whilst her case was subject to ongoing court proceedings. It advised Miss X to raise her concerns to her legal representative so that they can be raised to, and considered by, the court during the proceedings.
8. 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 in order to ensure that the proceedings, which must take precedence, are not compromised by any concurrent complaint investigation. The Council’s decision is in line with the relevant statutory guidance to local authorities on the handling of childrens services complaints where there are ongoing proceedings.

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Final decision

9. We will not investigate Miss X’s complaint because there is no sign of fault by the Council in its decision not to consider her complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman