Summary: 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.

The complaint

1. The complainant, Miss X, complains about the Council’s actions in relation to its child protection involvement with her grandchild. The case is subject to ongoing court proceedings and an interim care order is in place.

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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 actions in relation to its child protection involvement with her grandchild. The case is subject to ongoing court proceedings.
7. The Council told Miss X it would not consider her complaint at this time due to the case being in ongoing proceedings. It advised Miss X the concerns should be raised to the court during the proceedings and that the complaint could be resubmitted to the Council once the proceedings have concluded.
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 proceedings. This is to ensure the court proceedings, which must take precedence over a complaints process, are not prejudiced by a concurrent complaint investigation. As set out in the Council’s response, its approach is in line with the relevant statutory guidance to local authority childrens services on the handling of complaints where there are ongoing proceedings. This gives the Council discretion to decide not to consider a complaint where to do so could prejudice ongoing proceedings.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman