The Ombudsman's final decision
Summary: We cannot now investigate this complaint, about the findings and recommendations made during an investigation under the children’s statutory complaints procedure. This is because the complainant has now started legal action against the Council. We have therefore discontinued our investigation.
The complaint
I will refer to the complainant as Ms J.
Ms J made a complaint to the Council which was investigated under the three stages of the children’s statutory complaint procedure. She now complains to the Ombudsman about some of the investigation’s findings and recommendations.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I reviewed Ms J’s complaint and the Council’s findings at each stage of the statutory complaints procedure.
What I found
Ms J originally made her complaint at stage 1 in 2019. The Council completed the stage 2 investigation in 2021, in which the investigator largely did not uphold the various points of complaint. The investigator’s report was reviewed by an independent stage 3 panel in 2022, which overturned many of the findings and made several recommendations, most of which the Council accepted. This included a recommendation to reinvestigate two points of complaint at stage 2.
Ms J then made a complaint to the Ombudsman.
Analysis Ms J has now confirmed she has applied to the courts for a judicial review of the Council’s findings and decisions. This means we no longer have legal jurisdiction over the complaint and must end our investigation here.
Final decision
I have discontinued my investigation of this complaint.
Investigator's decision on behalf of the Ombudsman