Summary: We will not investigate Miss X’s complaint about the social workers allocated to her child’s case. This is because there is no sign of fault in the Council’s decision not to consider her complaint until the ongoing proceedings have concluded.

The complaint

1. The complainant, Miss X, complains about the social workers allocated to her child’s case in the Council’s child protection involvement with her family. Miss X says the previous social worker lied about her in the initial child protection conference and the current social worker submitted a dishonest report to the family court in 2022.

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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 matters set out in paragraph 1, above.
7. The Council told Miss X it would not consider her complaint via its complaints procedure whilst there are ongoing proceedings. It advised Miss X she can resubmit her complaint for consideration once the proceedings have concluded as long as it is submitted within 12 months of the proceedings concluding.
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 proceedings. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not compromised by any concurrent investigation. The Council’s decision has been made in line with the statutory guidance for local authority childrens services on the handling of complaints. This gives it discretion to decide not to investigate 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 her complaint whilst there are ongoing proceedings.

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Investigator's decision on behalf of the Ombudsman