Summary: We will not investigate Mr X’s 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 not to consider Mr X’s complaint until after court proceedings have concluded.

The complaint

1. Mr X complains about matters concerning the care of his child. Mr X says the Council has unlawfully suspended its investigation into his complaint about these matters.

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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 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

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

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My assessment

5. The Council refused to consider Mr X’s complaint due to ongoing care proceedings concerning his children. The Council considered that investigating the issues raised in Mr X’s complaint could prejudice the care proceedings.
6. I will not investigate Mr X’s complaint at this time. This is because there is no evidence of fault in the Council’s decision not to investigate his complaint whilst court proceedings are in progress. Regulation 8 of The Children Act 1989 Representations Procedure (England) Regulations 2006 says councils can refuse to consider a complaint if to do so could prejudice any concurrent court proceedings.
7. Mr X can resubmit his complaint once the proceedings have concluded. We will not consider the issues raised within the complaint until the complaints process has concluded.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman