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 until the ongoing court proceedings have concluded.
The complaint
The complainant, Mr X, complains about the Council’s handling of his family’s case which 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
Mr X complained to the Council about its handling of his family’s case which is subject to ongoing court proceedings.
The Council told Mr X it could not consider his complaint whilst the legal proceedings were ongoing as it could be prejudicial to the proceedings to do so. It advised Mr X he could resubmit his complaint once the 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 the court proceedings are ongoing. This is to ensure the court proceedings are not prejudiced by a concurrent complaint investigation. The Council’s approach is in line with the statutory guidance for local authority childrens services on the handling of complaints which gives it discretion to decide not to consider a complaint where there are ongoing court proceedings.
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 the court proceedings are ongoing.
Investigator's decision on behalf of the Ombudsman