Summary: We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision to place her complaint on hold until the ongoing court proceedings have concluded.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council’s actions and reports in its child protection involvement with her family.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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

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

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My assessment

6. Miss X complained to the Council about its actions and reports in relation to its child protection involvement with her family.
7. The Council has placed Miss X’s complaint on hold until the ongoing court proceedings have concluded. It explained it had done so in line with the statutory guidance for local authority children’s services on the handling of childrens complaints. This was in order to avoid the risk of prejudicing the ongoing proceedings which must take precedence. It advised Miss X to raise her concerns to the court via her legal representative during the proceedings.
8. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings which it is party to. This approach is in line with the statutory guidance and the Council has clearly explained the reason for its decision. It will be open to Miss X to remake her complaint to the Council once the proceedings have ended.

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Final decision

9. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman