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 investigate her complaint whilst there is an ongoing police investigation into related matters.
The complaint
Miss X complains about the Council’s actions in its child safeguarding involvement with her family.
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 actions in relation to child safeguarding matters involving her children.
The Council told Miss X it would not consider her complaint. This is because the complaint is about safeguarding action the Council has taken as a result of an ongoing police investigation relating to Miss X. The Council has told Miss X she can resubmit her complaint once the police investigation had 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 investigate her complaint while there is an ongoing police investigation on related matters. This is a decision the Council is entitled to make. It has been made in line with the statutory guidance to local authority children’s services on the handling of complaints which gives it discretion to decide whether to investigate a complaint where there are ongoing proceedings. This is to prevent the police investigation, which must take precedence over a complaint investigation, from being prejudiced by a concurrent investigation.
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 is an ongoing police investigation into related matters.
Investigator's decision on behalf of the Ombudsman