Summary: We will not investigate this complaint about a Child and Family Assessment report issued by the Council. This is because the complaint is late and there are no good reasons to exercise discretion to accept it now.

The complaint

1. Mr X says he was the subject of an incomplete, inaccurate Child and Family Assessment report issued by the Council. He says the assessment was not thorough or unbiased.
2. Mr X says the report caused emotional damage to his family and psychological damage to his daughter. He says he experienced depression and financial loss due to losing contact with his daughter, losing his job, and paying legal fees. Mr X says because of the report he cannot take legal action to return his daughter to the UK after her mother removed her without Mr X’s consent.
3. Mr X wants the report reviewed and amended, and the professional practice of the assessor investigated.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code and Guidance on Jurisdiction.
8. Mr X provided comments on my draft decision, which I considered before making a final decision. Mr X stated in his response that he would accept the decision regardless.

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My assessment

9. The Council responded to Mr X’s complaint in February 2020. However Mr X did not complain to the Ombudsman until September 2021. Therefore, this is a late complaint. We have discretion to set aside this restriction where we decide there are good reasons. I have considered the reasons Mr X provided for why he did not complain to us within 12 months of knowing about the issue and I am not persuaded to exercise discretion. Most of the reasons provided pre-date the Council’s final response and do not account for the fact that it took 19 months for Mr X to come to the Ombudsman.
10. In this case we have decided not to exercise discretion because it was reasonable to expect Mr X to complain to us sooner. The Council made Mr X aware of his right to go to the Ombudsman at the time and a solicitor was helping him. Mr X has not provided good reasons why he did not complain to us within 12 months of knowing about the issue.

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Final decision

11. We will not investigate this complaint. This is because it is a late complaint and there are no good reasons to exercise discretion to accept it now.

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Investigator's decision on behalf of the Ombudsman