Summary: 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 legal proceedings.

The complaint

1. The complainant, Miss X, complains her child was groomed by a young person in the Council’s care and that the Council failed to safeguard her child.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council that it failed to safeguard her child and that this led to her child being groomed by a young person in the Council’s care.
7. The offender has been charged with several offences and the case is subject to ongoing proceedings with the case set to be heard in court.
8. The Council told Miss X it could not consider her complaint at present due to the matter being subject to ongoing legal proceedings. It advised Miss X she could contact the Council again on the matter once the court proceedings have concluded.
9. 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 until the court proceedings have concluded. This is a decision the Council is entitled to make. Its approach is in line with the statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. This is to ensure the proceedings, which must take precedence over any complaint investigation, are not prejudiced by a concurrent complaint investigation.

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Final decision

10. 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 until the court proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman