Summary: We will not investigate this complaint about the Council’s refusal to consider a complaint under the children’s statutory complaint procedure. It is unlikely we would find fault.

The complaint

1. X complains the Council did not properly consider its discretion when it declined to consider a complaint under children’s statutory complaint procedure. X says this decision has caused them distress.

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The Ombudsman’s role and powers

2. 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))
3. 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

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

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My assessment

6. X said the Council declined to investigate any part of their complaint under the statutory complaint procedure because of ongoing related court proceedings. X said the Council was wrong to apply a blanket refusal to consider any of the matters raised.
7. The Council wrote to X and said it was concerned there was a possibility that investigating the complaint could prejudice ongoing court proceedings. It said it would place the complaint on hold until after the proceedings had been concluded. It signposted X to the relevant statutory guidance and referred them to us to escalate their complaint.
8. The accompanying guidance provides the Council with discretion in cases such as these. Based on the evidence at hand, the Council appears to have considered its discretion, explained why it made this decision and appropriately signposted X to us.
9. Consequently, because there appears to be no fault in the way the Council made its decision, I cannot criticise it and will not investigate X’s complaint.

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Final decision

10. We will not investigate X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman