Summary: We will not investigate this complaint about the Council’s handling of Mr X’s complaint about the conduct of a Council staff. This is because the Council has not yet completed all three stages of the statutory children’s complaint procedure, and it would be reasonable to allow it to do so.

The complaint

1. Mr X complained about a Council staff’s conduct towards his son, Y. Mr X said this caused him distress.

Back to top

The Ombudsman’s role and powers

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 It would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

4. Mr X complained about the professionalism and conduct of a social worker towards his son, Y. Separately, Mr X is involved in ongoing court proceedings relating to his family.
5. The Council said that, in line with guidance, it has exercised its discretion not to consider the complaint at this stage because doing so could prejudice the court proceedings. It has advised Mr X that he may resubmit his complaint once the proceedings have concluded.
6. Councils can refuse to consider a complaint if a complainant says they intend to take legal action or if investigating a complaint could prejudice concurrent court proceedings. However, after the proceedings have ended, a complainant can resubmit the complaint for the council to consider.
7. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. This independence is not available to complaints put through the corporate complaints’ procedure. Because of this, we expect people to complete the complaints procedure before we will consider whether there were any flaws in how the Council investigated their concerns. I have therefore not investigated Mrs X’s concerns about the conduct of a social worker towards his son.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because the Council has not yet completed all three stages of the statutory children’s complaint procedure, and it would be reasonable to allow it to do so.

Back to top

Investigator's decision on behalf of the Ombudsman