Summary: We will not investigate Ms X’s complaint about the Council not providing records within the required timeframes and about the impact this has had on ongoing family court proceedings. 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 the Council failed to provide records within the required timeframes and about the impact this has had on family court proceedings. Ms X says it led to an interim order being continued as the court did not have all the relevant information when it made its decision.

Back to top

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 provide a free service, but must use public money carefully. 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))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council has told Ms X it will not consider her complaint via its complaints procedure at present because the case is subject to ongoing court proceedings. It explained it has discretion to decide not to investigate a complaint where there are ongoing court proceedings. It has advised Ms X to raise her concerns via her legal representative to the court and that she can resubmit her complaint for consideration once the proceedings have concluded.
7. 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. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not prejudiced by a concurrent investigation. It is a decision the Council is entitled to make. It has been made in line with the relevant statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman