The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to consider her complaint about a manager’s decision on her family’s case whilst there are ongoing criminal proceedings relating to her husband. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
Mrs X complains about the Council’s decision not to consider her complaint about a Children’s Services manager whilst there are ongoing criminal proceedings for her husband. Mrs X says her complaint is unrelated to the criminal proceedings as she is only seeking a valid explanation for the manager’s decision.
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 or continue 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
Mrs X complained to the Council about a Children’s Services manager overruling a previously made decision on how to proceed with the family’s case in its child protection involvement with her children.
The Council told Mrs X it would not consider her complaint via its complaints procedure whilst the criminal proceedings against her husband are ongoing. The criminal case is on matters that are relevant to the Council’s child protection involvement.
We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to investigate her complaint whilst the criminal proceedings are ongoing. It is a decision it is entitled to make. The decision has been made in line with its published complaints policy and the relevant statutory guidance to local authority children’s services on complaint handling. This gives it discretion to decide not to consider a complaint whilst there are ongoing proceedings, including criminal proceedings. The Council has explained it will be open to Mrs X to resubmit her complaint to the Council for consideration of any matters not relating to the outcome of the proceedings, once the proceedings have concluded.
Final decision
We will not investigate Mrs X’s complaint because there is no sign of fault in the Council’s decision not to investigate her complaint whilst there are ongoing proceedings.
Investigator's decision on behalf of the Ombudsman