Summary: We will not investigate this complaint about the Council’s actions in relation to Mr X and his son during child protection proceedings. This is because it is a late complaint and there are no good reasons for us to investigate it now.

The complaint

1. Mr X complains the Council was bullying and negligent to him and his son during child protection proceedings. Mr X says a social worker was aggressive towards him and made inflammatory statements. He says the Council’s actions have caused the family significant distress.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council closed its case on Mr X’s son in April 2020. Most of the incidents
   Mr X raises date back to October 2019. Mr X did not complain to the Ombudsman until November 2021. Therefore this is a late complaint and we should not investigate.
7. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mr X to have complained sooner if he was unhappy with the actions of the Council.
8. Mr X says that he obtained information from the Council in August 2020 and it took him over a year to review this due to work and family commitments. It is not necessary to obtain evidence from the Council before coming to the Ombudsman. Mr X was unhappy with the Council’s actions at the time the of the events complained of and so there is no reason why he could not have raised a complaint sooner.

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Final decision

9. We will not investigate Mr X’s complaint because it is a late complaint and there is no good reason for us to investigate it now.

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Investigator's decision on behalf of the Ombudsman