Summary: We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint until the current court proceedings on this matter have concluded.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council has deliberately obstructed her contact with her son. The matter is currently being considered in 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 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))

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council twice in late 2023 about its failure to support her contact with her child.
7. The Council says when Miss X submitted her complaints there were ongoing court proceedings which meant it could not consider her complaints via its complaints procedure.
8. The proceedings remain ongoing and the matter of contact is subject to the proceedings. The Council says Miss X can resubmit her complaint to the Council once the proceedings have concluded.
9. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaints whilst there are ongoing court proceedings. This is in order to prevent any ongoing complaint investigation from prejudicing the court proceedings, which must take precedence. The Council’s decision has been made in line with the statutory guidance for local authorities on the handling of childrens services complaints where there are ongoing proceedings.

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Final decision

10. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint until the ongoing court proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman