Summary: We will not investigate Ms X’s complaint about the child protection conference chair on her child’s case. This is because there is no sign of fault in the Council’s decision not to investigate her complaint whilst the case is subject to ongoing court proceedings.

The complaint

1. Ms X complains about the Council’s decision not to investigate her complaint about the child protection conference chair in her child’s case. Ms X says the officer has repeatedly misrepresented the facts; is biased against her in favour of other parties; has made personal comments; has failed to record significant safeguarding concerns and has tried to interfere with the ongoing court proceedings by providing biased documents. Ms X says the officer’s actions have directly harmed both her child and the ongoing family court proceedings.

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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))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained to the Council about the matters set out in paragraph one, above.
9. The Council told Ms X it could not investigate her complaint because the issues raised in it were inextricably linked to the ongoing legal proceedings. It advised Ms X to raise her concerns to the court during the proceedings. It explained it cannot investigate complaints about matters that are subject to ongoing court proceedings or which cannot be clearly separated from the proceedings. The Council told Ms X she can resubmit her complaint once the proceedings have concluded and it will then assess which matters it can consider.
10. Ms X is dissatisfied with the Council’s decision because her complaint is not about the outcome of the court proceedings, but about the conduct of the officer.
11. We will not investigate Ms X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate her complaint whilst the case is subject to ongoing court proceedings. This is a decision the Council is entitled to make. 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 or complaint outcome. It is a decision the Council has discretion to make in line with the statutory guidance on the handling of children’s services complaints where there are concurrent proceedings.
12. As set out in the Council’s response, it will be open to Ms X to resubmit her complaint to the Council once the proceedings have concluded. It will then assess whether there are any matters not raised and considered during the proceedings which it can consider via its complaints procedure.
13. We cannot investigate complaints about matters that are being, or have been, considered in court proceedings, or which could have been raised and considered in court. Such matters lie outside our jurisdiction and we have no discretion to consider them.

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Final decision

14. We will not investigate Ms 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