Summary: We cannot investigate this complaint about the Council’s actions relating to a child. This is because the matters are already part of court proceedings and the law does not allow us to investigate what happens in court. Nor will we investigate the Council’s refusal to investigate a complaint about the same issue. This is because it is unlikely we would find fault.

The complaint

1. X complains the Council has not provided full disclosure as part of court proceedings, including assessments and reports. They also say the reports the Council provided were inaccurate. Furthermore, X complains the Council declined to investigate a complaint under the children’s statutory complaints procedure.
2. X says this caused distress and they are now unable to participate in the court proceedings.

Back to top

The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. X said the Council would not investigate a complaint about its actions relating to a child, for which private family proceedings were ongoing. X said this relates to the Council not providing full disclosure in line with court directions and the accuracy of some of its reports. The Council said it would not investigate a complaint while there were court proceedings, because to do so may prejudice those proceedings.
7. The children’s statutory complaints procedure provides the Council with discretion not to investigate a matter that is subject to court proceedings and where there is a risk that a complaint investigation may compromise or prejudice those proceedings.
8. Noting that X’s complaint relates directly to the Council’s actions as part of those proceedings and the accuracy of reports it has completed, which will be scrutinised in court, it is unlikely I would find fault in the Council’s decision to decline to investigate X’s complaint.
9. Nor can we investigate X’s complaint, because the law does not allow us to investigate matters that are related to ongoing court proceedings.

Back to top

Final decision

10. We cannot investigate X’s complaint because the matters are being considered in court. We will not investigate the Council’s decision to decline the complaint because it is unlikely we would find fault.

Back to top

Investigator's decision on behalf of the Ombudsman