The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s actions in its child protection involvement with her family. This is 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.
The complaint
The complainant, Miss X, complains about the Council’s actions in its child protection involvement with her family. She also complains there is a conflict of interest with the allocated social worker.
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 about matters relating to its child protection involvement with her family.
The Council told Miss X it would not consider her complaint via its complaints procedure at present because the matter is currently subject to ongoing proceedings. It has explained that Miss X can resubmit her complaint for consideration once the court 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. The Council has made this decision in line with the relevant statutory guidance. This is to ensure the proceedings, which must take precedence over a complaint investigation, are not at risk of 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 whist there are ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman