Summary: We will not investigate Mr X’s complaint about the Council’s involvement with his family. There is insufficient evidence of recent fault, a court is considering the welfare of Mr X’s children, and Mr X complains late about earlier events in 2019.

The complaint

1. Mr X complains the Council’s involvement with his family, from late 2019, caused them worry and mental trauma. Mr X says the Council undertook parenting assessments and there were child protection allegations regarding the mother of the children. Mr X says the Council treated him differently because he is a father and man not the mother. Mr X says the Council returned child A, who is related to his two children, to live with the mother without an assessment of the risks. Mr X says the Council should ensure child A is safe.
2. Mr X complains the Council’s complaint replies do not explain its actions or his concerns properly. Mr X wants the Council to pay compensation for its failings.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

4. 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)

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How I considered this complaint

5. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. I have considered the Council’s information including the complaint correspondence. I have considered Mr X’s reply to my draft decision statement.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The Council is not involved with Mr X’s two children who have not lived in its area since they moved to Mr X during the spring of 2020.
8. A court is considering an application for a child arrangement order relating to Mr X’s two children and contact with their mother. The court will consider the history of the case and the welfare of the children. Mr X can raise his concerns about the mother and child A at court and he has spoken to the court appointed guardian.
9. Events before June 2020 are outside the Ombudsman’s jurisdiction because Mr X complains late, outside the 12 month ‘permitted period’ (see paragraph 4 above). This includes the Council’s actions in 2019, the admission of the children to care, and the parenting assessments. I will not exercise discretion to investigate the earlier period because Mr X could have complained to the Ombudsman sooner.
10. The Council has explained that child A was in section 20 ‘voluntary’ care. It returned child A to the mother at her request as it is legally required to do. The Council has declined to give Mr X more information about child A because he does not have parental responsibility. It has explained how it handled the child protection concerns, arising from one of Mr X’s children, and its discussions with the police.
11. We would not normally investigate complaint handling when we are not investigating the substantive issues. There is no reason to do so with this complaint.

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Final decision

12. The Ombudsman will not investigate Mr X’s complaint about the Council’s involvement with his family. There is insufficient evidence of recent fault, a court is considering the welfare of Mr X’s children, and Mr X complains late about earlier events in 2019.

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Investigator's decision on behalf of the Ombudsman