The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to accept a complaint about an assessment it carried out. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has refused to accept her complaint about an assessment.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has carried out an assessment of Mrs B’s children. Mrs B says it contains significant inaccuracies. She complained to the Council about the content of the assessment.
The Council has declined to consider Mrs B’s complaint because the care of her children is currently the subject of court action. It has informed Mrs B that she may bring the matter back to it when the court action has concluded. Mrs B believes the Council’s position is unreasonable.
We will not investigate this complaint because there is no evidence of fault on the Council’s part. The Council has not refused to consider the matter. It has declined to do so while the court case is ongoing and has explained how Mrs B may bring the matter back when it concludes. This is a reasonable position and the Ombudsman will not criticise it.
Final decision
We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman