Sefton Metropolitan Borough Council (25 001 809)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 26 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has declined to consider a complaint about the welfare of a child. This is because there is insufficient evidence of fault.
The complaint
- Mrs X complains about how the Council has dealt with matters concerning the welfare of a child
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council refused to consider Mrs X’s complaint due to ongoing care proceedings that she has commenced concerning this child and because Mrs X does not hold parental responsibility. The Council says Mrs X can resubmit her complaint once proceedings have ended and the outcome of those proceedings may change how it proceeds.
- I will not investigate Mrs X’s complaint at this time. This is because there is no evidence of fault in the Council’s decision not to investigate this complaint whilst court proceedings are in progress. Regulation 8 of The Children Act 1989 Representations Procedure (England) Regulations 2006 says councils can refuse to consider a complaint if to do so could prejudice any concurrent court proceedings.
- Mrs X can resubmit her complaint to the Council once the proceedings have concluded. We will not consider the issues raised within the complaint until the complaints process has concluded.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman