Oldham Metropolitan Borough Council (23 004 689)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 16 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about advice the Council gave to the complainant about contact with his daughter. The complaint is late and there are no grounds to consider it now.

The complaint

  1. The complainant, who I will refer to as Mr X, complains that the Council wrongly advised him that he needed to go to court to establish contact with his daughter.

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The Ombudsman’s role and powers

  1. 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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complains that a social worker advised him that he would have to go to court to establish contact with his daughter. Mr X says this was not the case and that, as a result of following the advice, he incurred unnecessary legal costs. He wants the Council to refund his costs and compensate him for the distress he suffered.
  2. The evidence shows that the advice Mr X complains about was given in January 2022. It also shows that he complained to the Council at the time. His complaint to the Ombudsman is therefore late, and there is nothing to suggest he could not have come to us within 12 months. We will not therefore investigate.

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Final decision

  1. We will not investigate Mr X’s complaint because it is late and there are no grounds to consider it now.

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Investigator's decision on behalf of the Ombudsman

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