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. Mrs Y complained the Council refused to consider her complaint under the statutory children’s complaints procedure.
2. Mrs Y said this caused distress and a loss of trust in the Council.
3. Mrs Y wants her children’s allocated social worker to be changed.

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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 Mrs Y.
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. Mrs Y complained to the Council about social work decisions and conduct affecting her children. The Council refused to consider Mrs Y’s complaint under the children’s statutory complaints procedure because to do so could prejudice the concurrent family 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 Mrs Y’s statutory children’s complaint because of the concurrent court proceedings.

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Final decision

11. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault in the Council’s decision making to justify an investigation.

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Investigator's decision on behalf of the Ombudsman