West Northamptonshire Council (25 022 666)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 21 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to consider his complaint. There is not enough evidence of fault to justify an investigation.
The complaint
- Mr X complains about the Council’s refusal to consider his complaint due to ongoing court proceedings. He says the refusal has compromised the safety of his child and caused him distress. He wants the Council to accept his complaint and accept liability for its failures.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I also considered the Ombudsman’s Assessment Code and the Statutory Guidance on Working Together to Safeguard Children (The Statutory Guidance).
My assessment
- Mr X complained to the Council about safeguarding concerns relating to his child. The Council refused the complaint due to ongoing parenting court proceedings. It told Mr X he could pursue the complaint once the court case had concluded.
- The Statutory Guidance allows a council to decide not to investigate a complaint if it believes it would prejudice a concurrent investigation, including court proceedings. The Guidance also allows a complainant to resubmit their complaint to the council once the concurrent investigation has ended.
- The Council was entitled to refuse the complaint in these circumstances. The Council’s response is in line with the Statutory Guidance. Therefore, there is not enough evidence of fault to justify us investigating.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman