Summary: We will not investigate this complaint about the Council refusing to escalate Ms X’s complaint about the Council closing a case. There is not enough evidence of fault in the Council’s action in closing the case to warrant investigation. It is not a good use of resources to investigate complaint handling issues where we are not investigating the substantive matter.

The complaint

1. Ms X said the Council wrong refused to escalate her complaint about it closing a case. She said she still had concerns about her former partner.

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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 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))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council became involved because Ms X’s former partner was subject to bail conditions that affected his contact with their children. When the bail conditions were lifted after the dropping of charges against him, the Council closed the case. It declined to escalate Ms X’s complaint about this when she was dissatisfied with its initial response to her complaint.
8. The Council could decide to close the case when the charges against the former partner that caused its involvement were dropped if it had no other concerns. Any dispute about contact with the children became a matter for a court to decide from then on.

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Final decision

9. We will not investigate Ms X’s complaint because:

• There is not enough evidence of fault by the Council in closing the case to warrant this;
• Any dispute about her former partner’s contact with their children is a matter about which it would be reasonable for Ms X to go to court; and
• Investigating the Council’s complaint handling alone would not be a good use of resources.

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Investigator's decision on behalf of the Ombudsman