Summary: We will not investigate Mr X’s complaint about a risk assessment the Council completed. This is because there is no sign of fault in the Council’s decision not to consider his complaint until the ongoing criminal investigation has concluded.

The complaint

1. Mr X complains about a risk assessment the Council completed for him to make contact arrangements with his child after he was arrested on suspicion of an offence against his child’s mother. Mr X raises numerous concerns about the assessment. He says it makes statements which assume his guilt; presents the allegations as fact, with no evidence to support this; fails to take an unbiased and impartial approach and contains false accusations and misinformation which it is unwilling to amend.

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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 do not start 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. The Council told Mr X it would not consider his complaint via its complaints procedure at this time. This is because there is an ongoing criminal investigation which is linked to the issues raised in the complaint. Mr X says he is currently on bail and so the police investigation appears to be ongoing.
7. 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 the matter via its complaints procedure whilst there is an ongoing criminal investigation. As set out in the Council’s response, this is a decision the Council is entitled to make in line with Regulation 8 of the Childrens Act 1989 Representations Procedure (England). This says it should not consider a complaint where it has been informed there is an investigation in contemplation of criminal proceedings or that criminal proceedings are pending. This is to prevent the investigation from being put at risk of being prejudiced by a concurrent investigation. It will be open to Mr X to ask the Council to consider any residual matters via the complaints procedure once the police investigation or any other legal proceedings have concluded.

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Final decision

8. 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 until the ongoing police investigation has concluded.

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Investigator's decision on behalf of the Ombudsman