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 there are ongoing court proceedings.
The complaint
The complainant, Miss X, complains about her son’s current placement and the Council’s handling of his case. The case is subject to ongoing court proceedings.
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
Miss X complained to the Council with concerns about her son’s placement and the Council’s handling of his case.
The Council told Miss X it would not consider her complaint via its complaints procedure at this time because her son’s case is subject to ongoing court proceedings. It advised Miss X she can resubmit her complaint for consideration 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 court proceedings. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not prejudiced by a concurrent complaint investigation. It is a decision the Council has discretion to make and it is made in line with the statutory guidance to local authorities on the handling of complaints where there are ongoing proceedings.
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 there are ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman