Summary: We will not investigate this complaint about the actions of the Council’s children’s services. This is because there is insufficient evidence of fault with the Council’s decision to suspend its investigation into some elements of the complaint until proceedings have concluded.

The complaint

1. The complainant, who I will call Mr X, complains about the actions of the Council’s children’s services. He says the Council failed to compile a report for the courts, failed to include him when it compiled a safety plan for his child and failed to act on his safeguarding concerns about his child.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council is considering Mr X’s complaint at stage two of the statutory procedure for children’s complaints. The Council has written to Mr X to say that it will investigate his complaint that it failed to compile a report to the courts, but the other matters will be placed on hold due to ongoing court proceedings.
6. Regulations governing the children’s statutory complaints procedure set out circumstances when a Council should not consider a complaint or should not continue to do so. Councils have discretion to not consider a complaint where it considers doing so may prejudice concurrent court proceedings. The Council has decided this applies to this case and so has put part of the complaint on hold.
7. This decision appears in line with the regulations. We will not investigate this complaint because there is insufficient evidence of fault in the Council’s decision making.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman