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 court proceedings.

The complaint

1. The complainant, Miss X, complains about the way in which her child has been placed in the Council’s care via a Section 20 agreement.

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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 about the circumstances around her child being placed in the Council’s care via a Section 20 agreement. Miss X says she did not know what she was signing and did not have legal advice before signing the agreement. She wants her child to be returned to her care.
7. The Council told Miss X it would not consider the matter via its complaints procedure because the case was being considered in ongoing court proceedings. It explained that, in line with its complaints procedure, it will not consider complaints where there are ongoing proceedings as to do so could prejudice the proceedings. It advised Miss X to raise her concerns to her legal representative and said she can remake her complaint once the proceedings have concluded for it to consider any matters not raised in 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 the case is subject to ongoing court proceedings. It is a decision the Council is entitled to make and its approach is in line with the statutory guidance to local authorities on the handling of children’s services complaints where there are ongoing proceedings.

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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 the matter whilst there are ongoing proceedings.

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Investigator's decision on behalf of the Ombudsman