Summary: We will not investigate Mr X’s complaint about the Council’s actions in its child protection involvement with his child. 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 relation to its child protection involvement with his child, who has been placed in the Council’s care. 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))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained to the Council about its actions in its child protection involvement with his child. The case is subject to ongoing proceedings.
9. The Council has told Mr X it cannot consider his complaint whilst the matter is subject to ongoing care proceedings. It has advised Mr X to seek advice from his legal representative.
10. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate his complaint whilst there are ongoing court proceedings. This is a decision it is entitled to make as it is made in line with the relevant statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. This is in order to prevent any ongoing proceedings from being prejudiced by a concurrent complaint investigation.
11. Mr X will be able to resubmit his complaint to the Council once the proceedings have concluded to see whether there are any matters it can consider which were not and could not have been raised and considered in the proceedings.
12. We cannot investigate complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so.

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Final decision

13. 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 matter is subject to ongoing proceedings.

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Investigator's decision on behalf of the Ombudsman