Summary: We will not investigate Miss C’s complaint that the Council has failed to investigate and explain why her son was removed from her care and why she has been denied contact with him. Her complaint about her son’s placement is late and there are no grounds for us to consider it now. It would be reasonable for Miss C to pursue contact issues in court.

The complaint

1. The complainant, who I will refer to as Miss C, complains that the Council has failed to investigate and explain why her son was removed from her care and placed with a domestic abuser, and why she has been denied contact with her son.

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The Ombudsman’s role and powers

2. 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)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered what Miss C has said in support of her complaint and in response to my draft decision, as well as the supporting evidence she has provided. I have also considered relevant information from the Council.

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What I found

5. Miss C’s son was subject to a Child Arrangement Order under which care was shared between Miss C and the child’s father. Miss C complains that in 2018 the Council removed her son from her care and placed him with his father, who was a domestic abuser. Since then, she has had insufficient contact with her son. Miss C complains that the Council was at fault and acted with bias against her.
6. Miss C wants the Council to investigate why these events occurred. She wants it to support her in maintaining her relationship with her son, while safeguarding her from her son’s father.
7. In response to the complaint, the Council has set out that the child’s father made the decision to keep his son with him after allegations were made against Miss C. It says care and contact arrangements were then decided by the court in private proceedings. Miss C points out that the Council has not been party to any legal proceedings.
8. We will not investigate Miss C’s complaint. Her complaint about the process leading to her son’s placement with his father is late. Late complaints are when someone takes more than 12 months to complain to the Ombudsman. The events took place in 2018, so this part of the complaint is late.
9. We have the discretion to consider late complaints where it is appropriate to do so. That is not the case here. This is because the decision to place Miss C’s son with his father was made by the court. The Council says the Court also made a supervision order which has now expired. So, the placement has been considered in court. The fact that the Council was not party to the court action is irrelevant. Therefore, even if Miss C’s complaint had not been late, we would not have investigated this aspect of it.
10. Miss C has provided documents to show she has been in correspondence with the Council in 2020 regarding contact with her son. The Ombudsman will not consider the aspect of the complaint relating to contact. If Miss C is unhappy with current contact arrangements, whether or not there is an order in place, Miss C’s recourse on contact issues is to go back to court. The Ombudsman will not intervene.

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Final decision

11. We will not investigate this complaint. This is because Miss C’s complaint about her son’s placement is late, and it would be reasonable for her to pursue contact issues in court.

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Investigator's decision on behalf of the Ombudsman