Source · LGO (Local Government & Social Care Ombudsman)

Rochdale Metropolitan Borough Council

LGO (Local Government & Social Care Ombudsman) Other Reference 24-001-156 Sector Children S Care Services Category Looked After Children Decided 03 June 2024

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Full decision

The Ombudsman's final decision

Summary: We will not investigate Miss X’s complaint about the Council’s actions in its children’s services involvement with her family. This is because there is no sign of fault in the Council’s decision not to consider her complaint until the ongoing court proceedings have concluded.

The complaint

The complainant, whom I shall call Miss X, complains about the Council’s actions in its children’s services involvement with her family. The Council has told Miss X it will not consider her complaint until the ongoing care 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 and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Miss X complained to the Council about matters relating to its children’s services involvement with her family.

The Council told Miss X it could not consider her complaint whilst there are ongoing court proceedings because the matters raised in the complaint are not separable from the proceedings. It advised Miss X she can submit a fresh complaint to the Council once the proceedings have concluded. Also that she should raise her concerns to the court via her legal representative so the court can consider them.

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 whilst there are ongoing court proceedings. This is to ensure that the proceedings, which must take precedence, are not compromised by any concurrent complaint investigation. The Council’s approach is in line with the statutory guidance for local authorities on the handling of complaints where there are ongoing court proceedings. Miss X will be able 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 consider her complaint until the ongoing court proceedings have concluded.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Rochdale Metropolitan Borough Council

Reference Date Summary Outcome
25-005-062 Not Upheld
25-021-558 Other
25-011-060 Upheld
24-021-599 Upheld
25-019-162 Other
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