London Borough of Bromley (23 009 466)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 24 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about child protection action carried out in respect of the complainant’s children. The complaint is late and there are no grounds to consider it now.
The complaint
- The complainant, who I will refer to as Mr X. complains that the Council was at fault in initiating child protection action in respect of his family, in supporting the decision to make his children subject to Child Protection Plans, and in its response to his subsequent complaint.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint concerns the conduct and outcome of a child protection investigation carried out under Section 47 of the Children Act 1989, following disclosures made by his son. Mr X alleges the Child and Family Assessment the Council carried out was flawed, and that the decision of the Initial Child Protection Conference was predetermined and incorrect. He contends that these failures caused his family to endure nine months of unwarranted child protection action.
- Mr X further complains about the way in which the Council responded to his formal complaint about these matters. He says the response was flawed and failed to properly address the concerns he had raised.
- The Ombudsman will not investigate Mr X’s complaint because it is late. Late complaints are when someone takes more than a year to come to us about something a council has done. Mr X’s children became subject to Child Protection Plans in June 2022, so the complaint is late.
- There are no grounds for the Ombudsman to consider the complaint now. Mr X has been aware of his right to come to the Ombudsman since the Council advised him of this in September 2022 and I note that he says the Council has had no involvement with his family for the past six months. We will not therefore consider the complaint now.
- Where the substantive matters leading to a complaint do not fall to be investigated, will not normally consider how a council has responded to a complaint about them. It is not a good use of public resources to do so. That is the case here.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are no grounds to consider it now.
Investigator's decision on behalf of the Ombudsman