Summary: We will not investigate this complaint about the Council’s handling of the children’s statutory complaints procedure. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council refused to consider her complaint at stage two of the children’s statutory complaints procedure.
2. Ms X says this caused distress and prevented independent scrutiny of her complaint.
3. Ms X wants the Council to consider each of her points of complaint to decide which parts are unlikely to prejudice the concurrent court proceedings and then start the stage two complaint investigation.

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The Ombudsman’s role and powers

4. 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

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
8. Ms X asked the Council to investigate her complaint at stage two of the children’s statutory complaints procedure. The Council refused due to there being concurrent court proceedings.
9. 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.
10. We will not investigate this complaint. There is not enough evidence of fault in the Council’s decision not to consider Ms X’s statutory children’s complaint at stage two because of the concurrent court proceedings.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman