Summary: We will not investigate this complaint about a children’s social work assessment in 2021. Mr X’s concerns are best considered in the family courts.

The complaint

1. Mr X complained about a social work assessment in March 2021 which he was not consulted as part of, which he says the mother of his child is now using as a reason not to allow him contact with his child. He says the issue has worsened his mental health and impacted his child’s relationship with his side of the family. He wants the Council to reopen the case and include him in the assessment, to enable him to clear his name and have contact with his child. He wants the Council to make service improvements.

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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. Mr X says he recently found out a social work assessment had been completed in early 2021 regarding his child. He was not consulted as part of this process and he says this led to incorrect conclusions about his child’s welfare.
7. The Council refused to consider Mr X’s complaint due to the time that has lapsed since the assessment. However, as Mr X indicates he did not know about this until recently, I have considered this complaint as being made to us in time.
8. However, the evidence Mr X provided shows it is the child’s mother, rather than the Council, who is refusing him contact with his child. The substantive matter in this case is Mr X’s wish to have contact with his child. Further assessment by the Council alone may not achieve this, as only the courts can compel the mother of his child to allow him contact with his child. It is open to Mr X to seek legal advice and apply to the courts for a child arrangements order. As part of legal proceedings the court can consider all available information, including Mr X’s account of events. The court may order the Council to complete a section 7 report to aid this process.

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Final decision

9. We will not investigate Mr X’s complaint because it is best considered by the family courts.

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Investigator's decision on behalf of the Ombudsman