Summary: We will not investigate Miss X’s complaint about the Council’s decision not to consider her complaint about its child protection involvement with her family whilst the case is subject to ongoing court proceedings. This is because there is no sign of fault in the Council’s decision.

The complaint

1. Miss X complains about the Council’s decision not to consider her complaint about its actions in its child protection involvement with her children because the case is subject to ongoing private court proceedings. Miss X says there has been misconduct by Council officers and her children are subjected to physical, mental and emotional abuse where they are currently placed. She says the Council has failed to address her concerns.

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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. Miss X complained to the Council about its actions in its child protection involvement with her children.
9. The Council told Miss X it would not consider her complaint at this time because the case is subject to ongoing court proceedings and it could prejudice the proceedings for it to carry out a concurrent complaint investigation.
10. 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. It has made this decision 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 to local authority children’s services on the handling of complaints where there are ongoing proceedings.
11. Once the proceedings have concluded it will be open to Miss X to ask the Council whether it will consider any residual matters via its complaints procedure which were not, and could not have been, raised and considered as part of the proceedings.
12. The law prevents us from investigating complaints about matters which are being, or have been, considered in court proceedings. We have no discretion to do so.

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Final decision

13. 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 the case is subject to ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman