Summary: We will not investigate this complaint that the Council has failed to ensure the complainant’s son’s cultural, linguistic and religious needs are met. The matter has not completed the statutory procedure for complaints about children’s services, and the Council is not at fault in declining to escalate it to the final stage while legal proceedings are ongoing.

The complaint

1. The complainant, Mrs X, complains that the Council has failed to act to ensure her son’s cultural, linguistic and religious needs are met.

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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)

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How I considered this complaint

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

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My assessment

5. Mrs X’s children are in foster care. Mrs X complains that the Council has failed to ensure that her younger son’s cultural needs are met. She says her son was brought up as bilingual but has forgotten one of his languages. She further complains that he has not been able to attend the church to which he belongs.
6. Mrs X’s complaint to the Council has completed Stage 2 of the statutory procedure for complaints about children’s services. Mrs X is unhappy with the outcome and has asked to escalate the matter to Stage 3. The Council has declined to do so because Mrs X and her husband have applied to the Court to discharge the care orders. The Council has referred her to the Ombudsman if she is unhappy with its approach.
7. The Ombudsman will not investigate Mrs X’s complaint. The statutory procedure is the appropriate way for Mrs X to raise her concerns and it has not yet concluded. The Council has the right to suspend the procedure while legal action is ongoing. But, if the complaint requests, it must conclude it when the legal action is over. The Council is not therefore at fault in suspending the process while legal action is ongoing. There is no role for the Ombudsman at this stage.

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Final decision

8. We will not investigate Mrs X’s complaint because the Council is not at fault in declining to escalate the complaint while legal proceedings are ongoing.

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Investigator's decision on behalf of the Ombudsman