Summary: We will not investigate Ms X’s complaint about the Council’s handling of her children’s case. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst the case was subject to ongoing proceedings in court.

The complaint

1. Ms X complains about Children’s Services handling of her children’s case. She says the Council left her children in the care of her ex-partner who is dangerous and unfit to care for them and this led to them being placed in foster care.

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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))
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. Ms X complained to the Council about the matter set out in paragraph one, above.
9. The Council told Ms X it would not consider her complaint via its complaints procedure because the case was being considered in ongoing care proceedings in court. It told Ms X it would be open to her to resubmit her complaint for consideration once the proceedings had concluded. It explained it would not be able to consider any matters which were, or could have been, raised and considered during the proceedings.
10. We will not investigate Ms X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst it was subject to ongoing court proceedings. This is a decision the Council was entitled to make in line with the relevant statutory guidance to ensure the proceedings were not put at risk of being prejudiced by a concurrent complaint investigation.
11. On the information provided by the Council in response to our initial enquiries it appears the care proceedings have now concluded. If so, Ms X can now resubmit her complaint to the Council to consider any residual matters which were not and could not have been raised and considered as part of the court proceedings.
12. The law prevents us from investigating complaints about matters that have been, or could have been, raised and considered in court proceedings. We have no discretion to do so.

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Final decision

13. We will not investigate Ms X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint whilst the care proceedings were ongoing. If the proceedings have now concluded then it is now open to Ms X to resubmit her complaint to the Council.

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Investigator's decision on behalf of the Ombudsman