Summary: We will not investigate Mr X’s complaint that a social worker threatened his son into making false abuse allegations against him. 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.

The complaint

1. Mr X complains a social worker threatened his son into making a false sexual abuse allegation against him.

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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))

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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. Mr X complained to the Council about the matter set out in paragraph one, above.
7. The Council told Mr X it was unable to consider his complaint via its complaints procedure because there were ongoing legal proceedings on the case. It signposted Mr X to this office.
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 whilst the matter is subject to ongoing proceedings. This is a decision the Council has discretion to make, in line with the relevant statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings, including court proceedings. This is to ensure the proceedings are not put at risk of being prejudiced by a concurrent complaint investigation. Once the proceedings have concluded it will be open to Mr X to ask the Council to consider any matters which were not and could not have been raised and considered during the proceedings.
9. We cannot consider complaints about matters that are being, or have been, considered in court proceedings. The law says we have no discretion to do so.

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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 investigate his complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman