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

The complaint

1. Ms X complains the Council has wrongly refused to investigate her complaint claiming all matters are before the court. Ms X says this is incorrect as she is also complaining about administrative failures in its handling of her child’s case which are separate to the ongoing court 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council raising numerous concerns about its handling of her child’s case.
7. The Council told Ms X it would not investigate her complaint which related to concerns around her child’s placement choice, medical assessment, medication and contact arrangements. It said future plans for Ms X’s child, who is under a care order, were subject to ongoing court proceedings and to consider the complaint about these matters would at best be unnecessary duplication and at worst could undermine the ongoing proceedings.
8. 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 there are ongoing court proceedings. It is a decision the Council has discretion to make in line with the relevant statutory guidance. This is to ensure the proceedings are not put at any risk of being prejudiced by a concurrent complaint investigation.
9. Once the proceedings have concluded it will be open to Ms X to ask the Council to consider whether there are any residual matters, which were not and could not have been, raised and considered in the proceedings that it can consider via its complaint procedure.

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Final decision

10. We will not investigate Ms X’s complaint because there is no sign of fault in the Council’s decision not to investigate her complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman