Summary: We will not investigate Miss X’s complaint about the actions of the social worker allocated to her children’s case. 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, Miss X, complains about the actions of the social worker allocated to her children’s case. Miss X says the social worker is abusing her power; has removed her children based on out of date information and has wrongly shared her information with third parties.

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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 told Miss X it could not currently consider her complaint because the case was subject to ongoing court proceedings. It advised Miss X to raise her concerns to the court via her legal representative or to seek legal advice. It explained that once the proceedings have concluded Miss X can resubmit her complaint to the Council for consideration.
7. 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 court proceedings. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not at risk of being prejudiced by a concurrent investigation. This is a decision the Council has discretion to make, in line with the relevant statutory guidance to local authority children’s services on complaint handling where there are ongoing proceedings.

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Final decision

8. 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.

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Investigator's decision on behalf of the Ombudsman