The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint. This is because there is not enough evidence of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings.
The complaint
The complainant, Miss X, complained about the Council’s involvement with her family. Miss X is unhappy with the conduct of her social worker and wants the Council to replace them. Miss X is unhappy with the information the social worker has presented to court and the arrangements for the care of her child. Miss X says she wants to sue the social worker for slander.
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 cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has told Miss X it will not consider her complaint due to ongoing court proceedings. It advised Miss X her concerns should be raised with her solicitor. Miss X’s complaint could be resubmitted to the Council once the proceedings have concluded.
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 proceedings. This is to ensure the court proceedings, which must take precedence over a complaints process, are not prejudiced by a concurrent complaint investigation. The Council’s decision is in line with the relevant statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. This gives the Council discretion to decide not to consider a complaint.
The Ombudsman’s powers are also limited when there are ongoing court proceedings. We have no powers to consider complaints about matters discussed in court, or evidence council officers prepared for or gave as part of court proceedings. We also cannot consider complaints about matters which could reasonably be raised in court. The arrangements for the care of Miss X’s child will be decided in court and are not something we can look at. Miss X refers to suing her social worker for slander. That is a civil matter and Miss X should take legal advice about her options.
If Miss X returns to the Council when the proceedings are complete, and she remains unhappy with its response, she can make a fresh complaint to the Ombudsman. We can then decide if her complaint is one we can and should consider.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman