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 consider his complaint whilst there are ongoing court proceedings.

The complaint

1. The complainant, Mr X, complains about matters relating to the Council’s actions in its child protection involvement with his family. The case is subject to ongoing court proceedings. The Council has told Mr X it will not consider his complaint whilst the proceedings are ongoing.

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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 matters relating to its child protection involvement with his family.
7. The Council told Mr X it would not consider his complaint via its complaints procedure whilst the court proceedings are ongoing. It explained it has discretion to decide whether to consider complaints where to do so could prejudice any other proceedings. It told Mr X he can resubmit his complaint for consideration once the court proceedings have concluded.
8. 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 his complaint whilst there are ongoing court proceedings. This is to prevent the court proceedings, which must take precedence over any complaint investigation, from being prejudiced by a concurrent investigation. The Council’s approach is in line with statutory guidance to local authorities on the handling of children’s services complaints which gives it discretion to decide whether or not to investigate where to do so could prejudice any ongoing proceedings.

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Final decision

9. We will not investigate X’s complaint because there is no sign of fault in the Council’s decision not to consider the complaint until the ongoing court proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman