The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's handling of a children's statutory complaint. There is insufficient evidence of fault in the Council's decision to pause the Stage three statutory complaints process while related court proceedings are ongoing.
The complaint
Mr X complains the Council failed to safeguard his children and did not properly consider evidence he says supports his concerns. He says the Council covered up information and failed to address these matters through the statutory complaint’s procedure. Mr X wants the Council to admit fault.
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)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), 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
We are not an appeal body. This means we do not take a second look at the Council's decisions to decide if they were wrong. Instead, we look at whether there was fault in how the Council reached its decisions.
The Council investigated Mr X's complaint through Stage two of the children's statutory complaints procedure. Mr X then requested a Stage three review panel. The Council decided not to progress Stage three while related private law proceedings remain ongoing. It advised Mr X he could return to the statutory complaints procedure once those proceedings had concluded.
Our guidance says councils have discretion about whether to investigate statutory complaints where there are concurrent court proceedings. It also says we should not criticise a council for deciding not to investigate a complaint while related court proceedings are ongoing.
We have not seen enough evidence of fault in the Council's decision to pause the Stage three process pending the outcome of the court proceedings. Once those proceedings conclude, Mr X may ask the Council to continue the statutory complaints procedure.
In addition, Mr X's concerns about the Council's safeguarding involvement, assessments and conclusions appear closely linked to matters being considered as part of the court proceedings. We may decide not to investigate issues which have been, or could reasonably be, raised as part of related legal proceedings.
There is insufficient evidence of fault in the Council's handling of the statutory complaints procedure to warrant further investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault in the Council's handling of the statutory complaints procedure while related court proceedings are ongoing.
Investigator's decision on behalf of the Ombudsman