Summary: We will not investigate Miss X’s complaint that the Council has failed to properly safeguard her stepdaughter. This is because there is no sign of fault in the Council’s decision not to consider the complaint whilst the case is subject to ongoing court proceedings.

The complaint

1. Miss X complains the Council has failed to properly safeguard her stepdaughter through her Child in Need plan and about the impact of this on her stepdaughter and the rest of the family.

Back to top

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 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council told Miss X it will not currently consider her complaint. This is because the case is subject to ongoing family court proceedings and it decided it could be prejudicial to those proceedings for it to do so. It advised Miss X to raise her concerns to her legal representative. It explained she can resubmit her complaint to the Council for consideration once the court proceedings have concluded.
7. 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 the matter via its complaints procedure whilst there are ongoing court proceedings. This is a decision the Council is entitled to make. This is to ensure the proceedings are not put at risk of being prejudiced by a concurrent investigation. The Council’s decision is made in line with the statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings, including court proceedings.

Back to top

Final decision

8. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate her complaint whilst there are ongoing court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman