Summary: We will not investigate Miss X’s complaint about the allocated social worker’s handling of her child’s case. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst the case is subject to ongoing court proceedings.

The complaint

1. Miss X complains about the allocated social worker’s handling of her child’s case. Miss X raises numerous concerns around the social worker’s actions and handling of the case.

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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 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))

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council about the matter set out in paragraph 1, above.
7. The Council told Miss X it would not consider her complaint via its complaints procedure at this time because the case is subject to ongoing court proceedings. It explained it had made this decision in line with the relevant statutory guidance which gives it discretion to decide not to investigate a complaint where there are ongoing proceedings including court proceedings.
8. 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 still ongoing court proceedings. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not put at risk of being prejudiced by a concurrent investigation. It is a decision the Council has discretion to make, in line with the statutory guidance which the Council referred to in its response.
9. It will be open to Miss X to resubmit her complaint to the Council once the court proceedings have concluded to see whether there are any residual matters it can consider which were not, and could not have been, raised and considered during the proceedings.
10. We cannot investigate complaints about matters that are being, or have been, considered in court proceedings or which could have been considered in court. Such matters lie outside our jurisdiction and we have no discretion to consider them.

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Final decision

11. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to investigate her complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman