The Ombudsman's final decision
Summary: 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 her case is subject to ongoing court proceedings.
The complaint
The complainant, Miss X, complains the Council has treated her unfairly in her case which is subject to ongoing care proceedings. Miss X says the Council told her it would not remove her children from her but it then took the matter to court.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about its handling of her case which is subject to ongoing care proceedings.
The Council told Miss X it would not consider her complaint via its complaints procedure at this time because the case is subject to ongoing proceedings. It explained it has discretion to decide whether to investigate a complaint where to do so could prejudice ongoing court proceedings. It advised Miss X to raise her concerns with her legal representative so they can be considered during the proceedings. It advised Miss X she could resubmit her complaint 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 proceedings are not prejudiced by a concurrent complaint investigation. It is a decision the Council is entitled to make as it has been made in line with the relevant statutory guidance.
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 whilst the matter is subject to ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman