Summary: We will not investigate Mr X’s complaint about the Council’s actions in its child protection involvement with his family. This is because there is no sign of fault in the Council’s decision not to consider his complaint further whilst the case 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 children.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council considered Mr X’s complaint at stage one of its complaints procedure. When Mr X escalated his complaint to stage two, the Council said it would not currently consider his complaint further. This is because legal proceedings have commenced on the case. It explained this was in order to prevent the ongoing proceedings from being prejudiced by a concurrent complaint investigation. It advised Mr X to seek assistance from his legal representative so that his concerns are raised during the proceedings. It explained it will be open to Mr X to resubmit his complaint for consideration of any residual matters not considered in the court proceedings once the proceedings have concluded.
7. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider his complaint further whilst there are ongoing court proceedings. It is a decision the Council is entitled to make, in line with the statutory guidance for local authority children’s services on representations and complaints procedures ‘Getting the Best from Complaints’. This gives councils discretion to decide not to investigate a complaint where there are ongoing proceedings including court proceedings.

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Final decision

8. 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 further whilst there are ongoing proceedings.

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Investigator's decision on behalf of the Ombudsman