Summary: We will not investigate Miss X’s complaint about the Council’s decision not to consider her complaint about its children and family assessment whilst there are ongoing court proceedings. This is because there is no sign of fault in the Council’s decision.

The complaint

1. The complainant, Miss X, complains about the Council’s decision not to consider her complaint about its children and family assessment whilst there are 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about its handling, and outcome, of its children and family assessment.
7. The Council told Miss X it would not consider her complaint now because the case is subject to ongoing court proceedings. It told Miss X she can resubmit her complaint for consideration once the proceedings have concluded.
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 via its complaints procedure whilst there are ongoing court proceedings. The Council has made its decision in line with the statutory guidance for local authority children’s services on representations and complaints procedures ‘Getting the Best from Complaints’. This gives councils discretion to decide not to investigate a complaint where there are ongoing proceedings, including court proceedings. This is in order to prevent the proceedings, which must take precedence over a complaint investigation, from being prejudiced by a concurrent investigation.

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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 court proceedings.

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Investigator's decision on behalf of the Ombudsman