The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a child and family assessment. This is because there is no sign of fault in the Council’s decision not to consider his complaint whilst there are ongoing family court proceedings.
The complaint
The complainant, Mr X, complains about a child and family assessment the Council completed in relation to his children without his knowledge or involvement despite him having parental responsibility. Mr X says the assessment, which has been submitted to the family court in ongoing proceedings, includes false allegations stated as fact.
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 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
Mr X complained to the Council about a child and family assessment it recently completed, which has been submitted to the court in ongoing family court proceedings.
The Council told Mr X it would not investigate his complaint at this time. It explained it has discretion to decide whether or not to consider complaints whilst there are ongoing court proceedings and that the court was the appropriate route to address his concerns. It told Mr X he could resubmit his complaint to the Council to consider once the court proceedings have concluded.
We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider his complaint whilst there are ongoing court proceedings. This approach is in line with statutory guidance to local authorities on the handling of children’s services complaints which gives it discretion to decide whether or not to investigate where to do so could prejudice any ongoing court proceedings. It is a decision it is entitled to make. Mr X will be able to resubmit his complaint to the Council once the proceedings have concluded.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to consider his complaint until the family court proceedings have concluded.
Investigator's decision on behalf of the Ombudsman