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 the allocated social worker’s actions in relation to the Council’s child protection involvement with his family. The matter is subject to 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the actions of the social worker allocated to his family’s case.
7. The Council told Mr X it would not consider his complaint whilst the matter was subject to ongoing court proceedings. It explained it has discretion to decide whether to consider a complaint whilst there are ongoing proceedings.
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 via its complaints procedure whilst there are ongoing court proceedings. This is to prevent the court proceedings, which must take precedence over any complaint investigation, from possibly being prejudiced by a concurrent complaint 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 whilst there are ongoing proceedings.
9. It will be open to Mr X to ask the Council to consider his complaint once the court proceedings have concluded.

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Final decision

10. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to consider his complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman