The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision not to consider her complaint about a social worker whilst there are ongoing proceedings. This is because there is no sign of fault in the Council’s decision.
The complaint
The complainant, whom I shall call Miss X, complains about the conduct of her family’s newly allocated social worker. The Council has told Miss X it cannot consider her complaint until the ongoing proceedings have concluded.
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 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) We do not start or continue 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about the actions of a newly allocated social worker. Miss X says the social worker’s actions have left her and her child at risk of harm from her ex-partner.
The Council told Miss X that in line with statutory guidance, it could not consider her complaint whilst there are ongoing proceedings.
We will not consider 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. The Council’s decision is in line with the relevant statutory guidance for local authorities on the handling of childrens services complaints where there are ongoing proceedings. This is to ensure the proceedings, which must take precedence, are not prejudiced by any concurrent complaint investigation. It will be open to Miss X to resubmit her complaint to the Council once the proceedings have concluded.
Final decision
We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to investigate until the ongoing proceedings have concluded.
Investigator's decision on behalf of the Ombudsman