Summary: We will not investigate this complaint about the Council’s response to an alleged conflict of interest on the part of a social worker, and arrangements for contact with a child. The complaint is late, and it would be reasonable to take the contact matter to court.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council failed to act on her report that a social worker responsible for her niece’s case had a conflict of interest.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 courts have placed Miss X’s niece in the care of her maternal family. She says the Council has restricted her to supervised contact with the child.
7. Miss X says a social worker responsible for her niece’s case had a conflict of interest and acted with bias in favour of the maternal family. She argues that an unsuitable family member was allowed to supervise her contact with her niece without having undergone appropriate checks.
8. We will not investigate this complaint because it is late. Late complaints are when someone takes more than 12 months to complain to us. The evidence Miss X has provided shows she brought the alleged conflict of interest to the Council’s attention in 2020. There are no grounds for us to investigate the matter now.
9. It is also the case that arrangements for contact with Miss X’s niece would be for the court to decide. If Miss X is unhappy with current contact arrangements, her recourse is to take the matter to court. There is no role for the Ombudsman.

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Final decision

10. We will not investigate Miss X’s complaint because it is late, and it would be reasonable for her to take the contact matter to court.

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Investigator's decision on behalf of the Ombudsman