The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a social worker’s handling of her granddaughter’s case. This is because there is no sign of fault in the Council’s decision not to investigate the complaint whilst the matter is subject to ongoing court proceedings.
The complaint
Mrs X complains about a social workers’ handling of her granddaughter’s case which is subject to ongoing court proceedings. Mrs X says her granddaughter is in a distraught emotional state following her removal and her contact with her maternal family has been drastically reduced.
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 provide a free service, but must use public money carefully. 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)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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 social worker’s handling of her granddaughter’s case.
The Council told Mrs X it would not consider the complaint because her granddaughter’s case is subject to ongoing court proceedings. It explained it has discretion to decide whether to consider complaints where to do so would prejudice a concurrent investigation.
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 there are ongoing court proceedings. This is a decision it is entitled to make. It is made in line with the relevant statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. The Council referred to this guidance in its response to Mrs X.
Mrs X can resubmit a complaint to the Council once the proceedings have concluded to see whether there are any matters it will consider which were not and could not have been raised and considered in the court proceedings and which are separable from the court proceedings. This will be for the Council to assess and decide.
The law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so.
Final decision
We will not investigate Mrs X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint whilst the case is subject to ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman