Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to investigate her complaint about its handling of her niece’s case which is subject to ongoing court proceedings. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains the Council has refused to investigate her complaint about its actions in her niece’s case which is subject to ongoing Family Court proceedings. Mrs X says she was complaining about complaint handling and administrative failings, not about the Court’s decisions.

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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. The Council told Mrs X it would not consider her complaint via its complaints procedure. It said the issues raised in her complaint were matters for the court to consider in the ongoing Family Court proceedings and were it to also investigate these matters it could risk prejudicing the proceedings.
9. We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate her complaint. It has explained it does not consider the issues raised are separable from the proceedings and that they are best raised and considered during those proceedings rather than via the Council’s complaints process. It has made its decision in line with its published complaints policy which states it may decide not to consider a complaint where the subject matter of the complaint relates to current court proceedings. This restriction applies in this case.
10. Once the proceedings have concluded, Mrs X can ask the Council whether it will consider any residual matters, which are clearly separable from the proceedings and which were not, and could not have been, raised during the proceedings via its complaints procedure. This will be a matter for the Council to assess and decide following the conclusion of the proceedings. There is no sign of fault in the Council’s decision not to consider her complaint whilst the court proceedings are ongoing. It is a decision it is entitled to make.
11. We also cannot investigate complaints about matters that are being, or have been, considered in court or which could have been raised to the court during the proceedings. This restriction means we cannot consider complaints about the Council’s involvement in proceedings or about any reports of evidence it provides to the court. Such matters lie outside our jurisdiction and we have no discretion to consider them.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman