Summary: We will not investigate Mr X’s complaint, on behalf of his son Mr Y, about the Council’s actions in relation to ongoing court proceedings for Mr Y’s child. This is because there is no sign of fault in the Council’s decision not to consider the complaint until the ongoing proceedings have concluded.

The complaint

1. Mr X complains on behalf of his son, Mr Y. He complains about the Council’s actions linked to ongoing private court proceedings for Mr Y’s child and about the impact of this on the 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. Mr X complained to the Council about its actions in relation to Mr Y’s daughter’s case which is subject to ongoing private court proceedings.
9. The Council told Mr X it would not consider the complaint via its complaints procedure until the proceedings have concluded. It explained this was in order to prevent any risk of prejudicing the ongoing proceedings. It told Mr X he could resubmit his complaint once the proceedings have concluded but that it cannot consider any matters which should or could have been raised and considered in court.
10. 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 whilst the case is subject to ongoing court proceedings. As set out in the Council's response, this is to ensure the proceedings are not put at risk of being prejudiced by a concurrent investigation. It is a decision the Council has discretion to make and it has been made in line with the statutory guidance to local authority children’s services on the handling of complaints where there are concurrent proceedings.
11. We cannot consider complaints about matters which 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 the law gives us no discretion to consider them. Any concerns about the Council’s actions or decisions in the proceedings or the evidence it provided to the court should be raised during the proceedings so that the judge can consider them before a final decision is made.

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Final decision

12. 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 proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman