The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has excluded the complainant from involvement with his daughter’s case and has declined to accept his subsequent complaint. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, Mr X, complains that the Council has excluded him from involvement with his daughter’s case and has declined to accept his subsequent complaint.
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 impact 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 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)) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), 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
Mr X’s daughter is currently the subject of care proceedings. Mr X says he has parental responsibility for his daughter, but the Council has excluded him from all aspects of the case. He complains that, in addition, the Council has failed to take account of his mental health issues.
Mr X made a formal complaint to the Council. It declined to consider it until the care proceedings are concluded. Mr X regards this decision as unreasonable.
The Ombudsman will not investigate Mr X’s complaint. Councils have the discretion to decline to accept complaints while legal proceedings are ongoing, and the Ombudsman will not normally criticise them for doing so. In this case, the matters about which Mr X wishes to complain are, at least in part, linked to the matters the Court will consider and we would not regard the Council’s decision not to accept the complaint at this stage as fault.
It is also the case that the Council has invited Mr X to resubmit his complaint when the legal proceedings have concluded, so it will then be open to Mr X to have the matter addressed.
If Mr X believes the Council’s decision not to accept his complaint disadvantages him in the legal proceedings, he can make the Court aware of his views. If he believes the Council has failed to take proper account of his mental health, it is open to him to make a disability discrimination claim. The Ombudsman’s involvement is not warranted.
Final decision
We will not investigate Mr X’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman