The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council has dealt with matters concerning his child’s education and social care support. This is because there is insufficient evidence of fault with the Councils’ decision not to consider Mr X’s complaint until court proceedings have concluded.
The complaint
Mr X complains about how the Council has dealt with matters concerning his child’s social care support and education.
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 impact 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 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
The Council refused to consider Mr X’s complaint due to ongoing care proceedings concerning his child.
I will not investigate Mr X’s complaint at this time. This is because there is no evidence of fault in the Council’s decision not to investigate his complaint whilst court proceedings are in progress. Regulation 8 of The Children Act 1989 Representations Procedure (England) Regulations 2006 says councils can refuse to consider a complaint if to do so could prejudice court proceedings.
Mr X can resubmit his complaint once the proceedings have concluded. We will not consider the issues raised within the complaint until the complaints process has concluded.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault with the Councils’ decision not to consider Mr X’s complaint until court proceedings have concluded.
Investigator's decision on behalf of the Ombudsman