Summary: We will not investigate Miss Y’s complaint about the Council’s refusal to investigate her complaint under the statutory complaints process. The Council has explained that, to do so, would prejudice care proceedings. There is insufficient evidence of fault in the Council’s decision-making to justify investigating.

The complaint

1. Miss Y complains the Council:
1. made an inaccurate and biased assessment of her children’s needs. She says this is because it based the assessment on reports by children’s services that misrepresented information, changed evidence and ignored professional advice; and,
2. refused to investigate her complaint, despite court proceedings not yet being issued. Miss Y says she has been denied access to a fair process and the chance to have her voice heard.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code, the Children Act 1989 Representations Procedure (England) Regulations (2006) and its accompanying statutory guidance (Getting the Best from Complaints: Social Care Complaints and Representations for Children, Young People and Others).

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My assessment

7. In its complaint response, the Council refused to investigate Miss Y’s complaint under the statutory complaints procedure because it said to do so would prejudice court proceedings. The Council had already given Miss Y notice that it intended to start care proceedings. The refusal to investigate Miss Y’s complaint was a decision the Council was allowed to make. It explained to Miss Y that she can resubmit her complaint after care proceedings had concluded and so long as she did so within 12 months of this. This is in line with the above statutory guidance. There is insufficient evidence of fault to justify investigating Miss Y’s complaint.
8. We will not investigate Miss Y’s substantive complaint because it is premature. The Council has not yet had an opportunity to investigate and reply. It is reasonable for it to have the chance to do so if Miss Y decides to resubmit her complaint.

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Final decision

9. We will not investigate Miss Y’s complaint about the Council’s refusal to investigate her complaint under the statutory complaints process. This is because the Council has explained that, to do so, would prejudice care proceedings. There is insufficient evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman