Summary: We will not investigate this complaint about the Council’s children’s services involvement with Miss X and her family. This is because there is not enough fault in the Council’s decision to delay considering her complaint to warrant further investigation.

The complaint

1. Miss X complains about the conduct of the Council’s children’s services in supporting her family. She says this has had significant consequences for her and her family. Miss X wants the Council to apologise, recognise its errors and identify what it could have done differently.

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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 impact 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 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has not yet considered Miss X’s complaint. This is because a separate investigation into the same matters under a different process has not yet been finalised. The Council has written to Miss X to explain its position that it requires the outcome of the separate investigation to be able to fully consider her complaint.
7. The Council has said it will offer to meet with Miss X to discuss her complaint after the other investigation is finalised. It will not prevent her from pursuing a complaint should she wish.
8. The Council has considered statutory guidance when deciding whether it is appropriate to consider Miss X’s complaint at this time. The pausing of the statutory complaint handling is allowed under circumstances such as those in Miss X’s complaint. It has provided its reasons for its decision not to consider the complaint further until the conclusion of the other investigation in accordance with the statutory guidance. Therefore, there is not enough evidence of fault in how the Council decided to not consider Miss X’s complaint at this stage to warrant further investigation.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s decision making not to consider her complaint at this time to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman