Summary: We will not investigate Mr X’s complaint about children services’ actions in 2020. There are no good reasons the late complaint rule should not apply.

The complaint

1. The complainant, whom I shall call Mr X, complains about children services’ actions.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains about children services’ actions in 2020. It is clear from the information he has provided:
• He has some disabilities which impact his ability to complain;
• He complained to the Council in 2020, and in its final reply in February 2021 the Council signposted Mr X to us;
• He has since complained to Social Work England.
7. I have considered all the relevant factors and there are no good reasons the late complaint rule should not apply. It is three years since the events complained of and two years since he was signposted to us.
8. Even if the late complaint rule did not apply there are parts of his complaint we cannot or would not investigate. In particular:
1. We cannot investigate the information any officer gave a Court. As an example, the documents Mr X provided us refer to a Children Act section seven report. We cannot look at that report or its production.
2. We would not investigate the professional conduct of the social workers. Social Work England is better placed.
3. We would not look at the accuracy of documents not used in Court proceedings. The Data Protection laws provide Mr X with a ‘right to rectification’ and the right to ask the Information Commissioner’s Office to consider any complaint about that.

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Final decision

9. We will not investigate Mr X’s complaint because there are no good reasons the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman