Summary: We will not investigate Miss X’s complaint about the Council’s handling of safeguarding matters concerning her child, and the conduct of a social worker. The Council has declined to investigate the issues further while care proceedings are ongoing and there is not enough evidence of fault in its decision. Miss X may be able to raise some of the issues she complains about in court as part of these proceedings and should she wish to pursue the complaint once they have concluded the Council has confirmed she may do so.

The complaint

1. Miss X complains the Council failed to safeguard her child while they were in its care. She also complains about the conduct of the social worker allocated to her case. She is unhappy the Council declined to investigate her complaint at Stage 2 of its complaints procedure due to ongoing legal proceedings to determine care arrangements for her child.
2. Miss X says the Council’s actions have caused her distress, affected her relationship with her child and caused her to lose trust in the Council. She wants the Council to safeguard her child, train its staff and dismiss the social worker.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about safeguarding concerns while her child was in its care and the conduct of the social worker allocated to her case. The Council told Miss X it could not consider her complaints further due to ongoing legal proceedings involving her child, which may overlap with the issues she raised in her complaint. It told Miss X she could complain to them again once proceedings were over if she still had outstanding concerns. Miss X is dissatisfied with the Council’s response and wants it to consider her complaint.
7. The Council’s complaints policy says that it cannot consider complaints if there are legal proceedings in connection with the complaint.
8. While I accept that some of Miss X’s concerns may be separate from the legal proceedings, under the Council’s complaints policy it was entitled to decide not to consider her complaints further while those proceedings are ongoing. It has not refused to consider the issues and has explained that Miss X can complain again once the proceedings are over. I am satisfied it was open for the Council to reach this decision and I have seen no evidence of fault in the way it was reached. In these circumstances it is not for us to question the merits of the Council’s decision or say it must agree to investigate the complaint at Stage 2 now. It remains open to Miss X to complain to the Council once the legal proceedings have concluded if she still has concerns and once this complaint has exhausted the Council’s complaints process she may refer the matter to us to consider.

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Final decision

9. We will not investigate Miss X’s complaint because the Council was entitled to decline to deal with the matter further while care proceedings are ongoing and there is not enough evidence of fault in its decision to do so.

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Investigator's decision on behalf of the Ombudsman