Summary: We will not investigate Mr X’s complaint about the Council’s decision not to consider his complaint until ongoing family court proceedings have concluded. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision not to investigate his complaint about serious safeguarding concerns involving his daughter whilst there are ongoing family court proceedings. Mr X says the Council’s decision is legally incorrect.

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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 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 Mr X it would not investigate his complaint whilst the case is subject to ongoing family court proceedings. The court has instructed the Council to carry out an assessment and submit a section 7 report for the proceedings.
7. It advised Mr X to raise his concerns to the court via his legal representative. It explained it would not consider his complaint whilst there are concurrent court proceedings because it could be prejudicial to the court proceedings to do so. It explained it would be open to Mr X to resubmit his complaint to the Council once the proceedings have concluded to consider any matters which were not raised or addressed in the court proceedings.
8. 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 until the family court proceedings have concluded. It is a decision it is entitled to make. Whilst I note Mr X disagrees with the Council’s decision it is one it has discretion to make in line with the relevant statutory guidance. The guidance says councils should explain the reason for its decision and specify the relevant concurrent investigation. It has done so in its response to Mr X.
9. Mr X can submit his complaint to the Council to consider any matters which were not, and could not have been, raised and considered during the proceedings once they have concluded.

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Final decision

10. 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 until the ongoing court proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman