Summary: We will not investigate Mr X’s complaint about the Council’s decision not to consider his complaint further whilst there are ongoing court proceedings. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, Mr X, complains about the Council’s decision not to consider his complaint about contact arrangements with his children and the Council not acting in line with a court order further until ongoing court proceedings have concluded.

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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. Mr X complained to the Council about contact arrangements with his children and about the Council not acting in line with the court order on contact.
7. The Council considered Mr X’s complaint at stage one of its complaints procedure. It then told Mr X it would not consider his complaint further whilst the case is subject to ongoing family court proceedings which are considering contact and enforcement of the court order. It explained it has discretion to decide not to investigate complaints where it considers it could prejudice ongoing proceedings were it to do so. It told Mr X he can resubmit his complaint for consideration once the court proceedings have concluded. It signposted Mr X to this office.
8. We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider his complaint further whilst there are ongoing court proceedings. This is a decision the Council is entitled to make in line with statutory guidance to local authorities on the handling of children’s services complaints where there are ongoing proceedings. This gives it discretion to decide whether to investigate. This is in order to ensure the proceedings, which must take precedence over a complaint investigation are not prejudiced by a concurrent investigation. It will be open to Mr X to ask the Council to consider his complaint further once the proceedings have concluded.

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Final decision

9. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision.

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Investigator's decision on behalf of the Ombudsman