Summary: We will not investigate this complaint about the Council suspending its use of the statutory complaints procedure for children’s service complaints while waiting for a Tribunal to conclude. There is not enough evidence of fault in the Council’s complaint handling to warrant our further involvement. Mrs X is welcome to return to us regarding the substantive matters of her complaint to the Council if she remains dissatisfied once the Tribunal has concluded and the Council has completed the statutory complaints process.

The complaint

1. Mrs X said the Council refused to issue a response to her complaint at Stage 2 of the statutory complaints process for children’s social care owing to a Tribunal hearing being due.

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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))

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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. Government regulations and guidance relating to complaints under the statutory procedure for children’s social care complaints are clear. Councils can suspend complaints while Tribunal proceedings are ongoing. They must write to the complainant explaining this. The Council has done so, declining to issue a Stage 2 response until after the Tribunal ends.
6. Once the Tribunal has concluded, and the Council has completed the statutory complaint process, Mrs X is welcome to return to us if she remains dissatisfied with the Council’s final response. In the event the Council did not resume the complaint process after the Tribunal, Mrs X would also be welcome to approach regarding that.

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Final decision

7. We will not investigate Mrs X’s complaint because investigation of the Council’s decision to pause the statutory complaint process while waiting for a Tribunal hearing would be unlikely to lead to a finding of fault in its complaint handling.

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Investigator's decision on behalf of the Ombudsman