Summary: We will not investigate Mrs X’s complaint that the Council improperly commenced care proceedings against her and failed to support her. The Council cannot consider some of the matters due to ongoing care proceedings. On other matters, we could not add to any previous investigation by the Council.

The complaint

1. Mrs X complains the Council improperly issued care proceedings against her and failed to support her with housing, domestic abuse and parental alienation issues. Mrs X says she has suffered trauma because of the experience. She wants the Council to acknowledge its failings and apologise.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused to accept Mrs X’s complaint about it commencing care proceedings against her because those care proceedings were ongoing.
6. Councils may decide not to investigate a complaint if it would prejudice a concurrent investigation, including court proceedings. Therefore, I am satisfied it was open to the Council to refuse Mrs X’s complaint while care proceedings were ongoing. Mrs X may resubmit her complaint to the Council once the concurrent care proceedings are over.

Failure to provide support

7. Mrs X’s concerns about the Council’s alleged failures to provide support were considered through the Council’s children’s statutory complaints procedure. Where a council has investigated something under the statutory children’s complaint process, we would not normally re-investigate it, unless there were any flaws in the stage two investigation or stage three review panel that could call the findings into question.
8. The Council appointed an Investigating Officer (IO) and Independent Person to oversee the investigation. As part of the Council’s investigation, the Council gathered information from several relevant parties, including Mrs X herself, an independent domestic violence advisor, social workers, service managers and other staff involved in Mrs X’s case. After the investigation, the Council decided the following:
• It partially upheld her housing concerns and recognised that it should have offered her housing support in February 2024;
• It did not uphold her concerns that it failed to provide her domestic abuse support, noting that she received support from domestic abuse agencies in 2023 and had access to an independent domestic violence advisor;
• It partially upheld her concerns that it failed to consider whether her children were being alienated from her.
9. The Council apologised to Mrs X for any errors highlighted during its investigation. It also recommended that the latest practice guidance on parental alienation be brought to the attention of front-line staff and their managers.
10. I have reviewed the stage two report, stage three panel findings and the adjudicating letters from the Council. I recognise there were some delays in the Council’s complaint handling. However, despite the delays there is not enough evidence of fault in how the complaint was considered to justify our involvement. The IO has set out their reasoning where they have not upheld a complaint, or partially upheld a complaint. The Panel has independently reviewed this process. Further investigation by us is unlikely to add to the Council’s investigation or lead to a different outcome.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault and it is unlikely that further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman