Summary: We will not investigate Mr X’s complaint about the Council’s actions in its Children’s Services involvement with his family. This is because there is no sign of fault in the Council’s decision not to consider his complaint whilst there are ongoing court proceedings.

The complaint

1. The complainant, Mr X, complains about the Council’s Children’s Services actions in its handling of his family’s case which is subject to ongoing Family Court proceedings.

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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. The Council told Mr X it will not consider his complaint via its complaints procedure at this time because the case is subject to ongoing court proceedings. It explained it has discretion to decide not to investigate where to do so could prejudice any concurrent proceedings. It informed Mr X he can resubmit his complaint for consideration once the proceedings have concluded.
7. 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 whilst there are ongoing court proceedings. The Council’s decision is made in line with the statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. This gives councils discretion to decide not to accept a complaint where there are ongoing proceedings. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not at risk of being prejudiced by a concurrent complaint investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to consider his complaint until the proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman