Summary: We will not investigate Miss X’s complaint about the Council’s decision not to consider her complaint whilst there are ongoing care proceedings. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains about the Council’s decision not to consider her complaint about its handling of her child’s case whilst there are ongoing care proceedings. Miss X says she did not seek to challenge or overturn the court’s decisions and the Council has wrongly refused to consider her complaints about operational practice, safeguarding and maladministration due to the ongoing proceedings.

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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. Miss X complained to the Council about its handling of her child’s case whilst he is a looked-after child.
7. The Council told Miss X it would not currently consider any part of her complaint because there were ongoing care proceedings. It explained its complaints process cannot run alongside concurrent proceedings and its decision had been made in line with its complaints policy. It advised Miss X she could resubmit her complaint for consideration once the proceedings have concluded.
8. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing care proceedings. This is to ensure the proceedings are not put at risk of being prejudiced by a concurrent complaint investigation. It is a decision it has discretion to make, in line with the statutory guidance to councils on the handling of complaints where there are ongoing proceedings. As set out in the Council’s response, it will be open to Miss X to resubmit her complaint to the Council for consideration once the proceedings have concluded.

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Final decision

9. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are concurrent proceedings.

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Investigator's decision on behalf of the Ombudsman