Devon County Council (24 011 510)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 06 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s delay and poor communication during pre-proceedings relating to her child. 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
- The complainant, Miss X, complains about the Council’s delay and poor communication during the pre-proceedings process relating to her child.
The Ombudsman’s role and powers
- 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has told Miss X it will not currently consider her complaint. This is because the matter is subject to ongoing court proceedings. It has informed Miss X she can resubmit her complaint for consideration once the proceedings have concluded.
- 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 a decision the Council is entitled to make. Its approach is in line with the statutory guidance for local authority children’s services on complaint handling where there are ongoing proceedings. This gives councils discretion to decide not to consider complaints where it considers that to do so could prejudice any ongoing proceedings.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman