The Ombudsman's final decision
Summary: 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 is a decision the Council is entitled to make.
The complaint
The complainant, Mr X, complains about the Council’s decision not to consider his complaint about an assessment report whilst there are ongoing court proceedings. Mr X says the assessment is biased against him and contains incorrect information.
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 the contents of its assessment document, as set out above.
The Council told Mr X it was unable to consider his complaint whilst there were ongoing court proceedings. It advised him he could raise his concerns to the court during the proceedings and that he could resubmit his complaint once the proceedings have concluded as long as it is not in relation to matters linked to the proceedings.
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. It is a decision the Council is entitled to make. This is to ensure the proceedings, which must take precedence over any complaint investigation, are not compromised by a concurrent complaint investigation. The statutory guidance for local authority children’s services on the handling of complaints gives councils discretion to decide whether to consider complaints where it decides it could prejudice ongoing court proceedings to do so.
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 whilst there are ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman