Summary: We will not investigate this complaint about the Council’s refusal to accept Mr X’s complaint under the children’s statutory complaint procedure. There is not enough evidence of fault in the Council’s decision-making to warrant our involvement.

The complaint

1. Mr X complained the Council refused to accept his complaint under the children’s statutory complaint procedure. The Council said the matters complained about were closely linked to court proceedings. Mr X believed the complaint could be considered separately from the court proceedings.
2. Mr X said this leaves his issues unresolved.

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The Ombudsman’s role and powers

3. 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), section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. 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. It is then for the complaint manager to decide whether the complaint can be considered under the statutory complaint procedure.
8. In its response, the Council set out its reasons for refusing to accept Mr X’s complaint. It said the issues complained about could have been or were raised during closely linked court proceedings.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
10. There is not enough evidence of fault in the Council’s decision-making here and so we cannot question it. For this reason, we will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman