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 the matter is subject to ongoing court proceedings.

The complaint

1. The complainant, Mr X, complains about the Council’s actions in its child protection involvement with his family. Mr X says the Council is removing his rights as a parent and is discriminating against him. The case is subject to ongoing care 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 its child protection actions and decisions in relation to his family.
7. The Council told Mr X it was unable to consider his complaint via its complaints procedure whilst the legal proceedings were ongoing. It advised Mr X it may be able to consider some matters via its complaints procedure once the court proceedings have concluded, but it cannot consider the evidence or reports provided to the court or the court’s decision.
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 the court proceedings are ongoing. This is to ensure the court proceedings are not prejudiced by a concurrent complaint investigation. The Council’s approach is in line with the statutory guidance for local authority childrens services on the handling of complaints which gives it discretion to decide not to consider a complaint where there are ongoing court proceedings.
9. Mr X should raise his concerns to the court via his legal representative during the proceedings so that the court can consider them before it reaches a decision.

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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 the case is subject to ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman