Summary: The Ombudsman will not consider this complaint about the involvement of the Council’s social services with the complainant’s children. This is because the substantive decisions were made by a court and are out of jurisdiction. Additionally, the complaint about how the Council has dealt with the complainant is made late, and there are no good reasons to consider it now.

The complaint

1. The complainant, who I refer to here as Ms G, says that the Council:
• Took her children into care on the basis of false evidence presented to the court;
• Continues to use false evidence to prevent the return of her children;
• Is preventing her from seeing her children;
• Has not provided her with the support that she needs;
• Has not communicated with her to provide information about her children’s care with foster parents;
• Has not listened to her concerns for her children’s safety and well being.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)

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How I considered this complaint

5. I considered the information provided by Miss G and by the Council. I have also sent Miss G an initial view for her comments.

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What I found

6. Miss G’s children were taken into care following accusations made against her in 2016. Miss G does not accept the decision is just, as she says that the Council presented false evidence in court. Miss G has continued to contest the decision, and has now complained about it to the Ombudsman.
7. This part of her complaint is out of jurisdiction however, and we cannot investigate it. This is because the care decisions have been made in the courts, and it is for the courts to consider whether the evidence presented is credible and accurate.
8. Miss G further complains that she has had no contact with her children since 2018, but we are unable to consider this complaint for the same reason: contact for parents with children in care is a decision for the courts to make.
9. Miss G complained to the Council in 2017 about a lack of support for her from the Council’s social services, and about poor communication from it regarding her children’s welfare and progress in care. She also says that it did not consider properly her concerns for her children’s health and welfare in care.
10. The complaint was largely upheld. Miss G has brought the complaint to the Ombudsman as she remains dissatisfied with the outcome, but we will not investigate it. This is because the complaint is made late.
11. We cannot consider complaints about matters known to the complainant more than 12 months previously, unless there is good reason to do so. In this case, the final complaint response referring Miss G to the Ombudsman was made in 2017, and I have seen no good reasons to exercise the Ombudsman’s discretion to consider it now.

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Final decision

12. I cannot investigate this decision. This is because the substantive decisions were made by a court. Other issues raised are made late.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman