Summary: We will not investigate Ms B’s complaint that the Council produced an inaccurate children and family assessment. The complaint is late and there is no good reason to consider it now.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council produced an inaccurate children and family assessment, and declined to amend it.

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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)
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 have considered what Ms B has said in support of her complaint and the complaint correspondence provided by the Council. I have spoken with Ms B and considered her comments in response to a draft of this decision.

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What I found

6. In 2019 Ms B made a referral to children’s services after her former partner prevented her from having contact with her daughter. Ms B complains that the Council produced an inaccurate child and family assessment, which failed to address her former partner’s actions.
7. The Council considered Ms B’s complaint under its corporate complaint procedure. It agreed to add Ms B’s comments to the assessment but declined to change its findings and recommendations. The complaint procedure concluded in November 2019 and the Council advised Ms B of her right to come to the Ombudsman if she was not satisfied.
8. Ms B complains that the result of the inaccurate assessment was a negative outcome in private law proceedings regarding contact. She says the Council failure to address the issue of domestic violence has led to a situation where her former partner has alienated her daughter from her.
9. We will not investigate this complaint because it is late. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. Ms B has been aware of her right to come to the Ombudsman since November 2019 and I can see no reason to conclude that she could not have done so before now.
10. Even if Ms B’s complaint had been made on time, it is unlikely we would have decided to investigate. The issue of contact was aired in court, and Ms B had the opportunity to challenge the Council’s findings there. Where matters have been, or could have been, considered in court the Ombudsman will not normally intervene. By law, we cannot consider what happens in court.

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Final decision

11. We will not investigate this complaint. This is because the complaint is late and there is no good reason to consider it now.

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Investigator's decision on behalf of the Ombudsman