Summary: We will not investigate Ms X’s complaint about the Council’s actions linked to its child protection involvement with her family. 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, Ms X, complains about the Council’s actions linked to its child protection involvement with her family. Ms X says the Council failed to allow them to celebrate a religious festival as a family; failed to rectify false records; failed to protect them from a violent neighbour and has not assisted with her inability to open attachments it has sent her.

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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 or continue 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. Ms X complained to the Council about the matters set out in paragraph one, above. Ms X’s child’s case is currently being considered in ongoing court proceedings.
7. The Council told Ms X it would not consider her complaint whilst the court proceedings are ongoing. It advised Ms X to raise her concerns to the court during the proceedings so that they can be considered by the court before it reaches its decision.
8. We will not investigate Ms 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 Council has made its decision in line with the relevant statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. This guidance gives councils discretion to decide not to investigate complaints where it considers that to do so could prejudice any concurrent proceedings including court proceedings. The Council has confirmed that once the proceedings have concluded Ms X can resubmit her complaint to the Council for consideration of any matters not relating to the court’s decision or which the court could not consider.

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Final decision

9. We will not investigate Ms 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