The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about matters relating to the Council’s child protection involvement with her child. This is 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.
The complaint
Miss X complains the social worker allocated to her child’s case is corrupt and that the Council is trying to remove her child from her care. The case is subject to ongoing legal 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 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about the matters set out in paragraph 1, above. The case is subject to ongoing court proceedings.
The Council told Miss X it would not consider her complaint now because it could be prejudicial to the ongoing legal proceedings for it to do so. It informed Miss X she can resubmit her complaint for consideration once the 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 until the ongoing court proceedings have concluded. This is a decision it is entitled to make in line with the statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings. This gives it discretion to decide not to investigate a complaint where it decides it could be prejudicial to the ongoing proceedings for it to do so.
Final decision
We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to investigate her complaint whilst there are ongoing legal proceedings.
Investigator's decision on behalf of the Ombudsman