Summary: We will not investigate Mrs X complaints about children services matters. There are no good reasons the late complaint rule should not apply. We cannot investigate the Police, CAFCASS or Court matters and Social Work England are better placed to consider social work professionalism complaints.

The complaint

1. Mrs X complains about various 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 if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mrs X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X has complained to us before about children services’ actions. We cannot look at the same issues that decision covered. This includes social workers’ communication complaints and therapy costs reimbursement.
9. Mrs X says the Council :
• failed to explain to her properly what a s20 Children Act meant;
• failed to carry out a domestic abuse assessment properly;
• failed to record her child’s disability properly in a multi agency safeguarding referral form;
• Contacted her employers and gave inaccurate information.
10. All matters happened more than 12 months ago. There are no good reasons the late complaint rule should not apply. It is reasonable to expect Mrs X to have complained to us before now about these matters. She has made other complaints to us in the past.
11. Mrs X says Police did not carry out a police order properly or carry out a domestic abuse assessment. We cannot investigate the Police’s actions for the reason set out in paragraph three.
12. Mrs X says CAFCASS failed to carry out a domestic abuse assessment. We have no power to investigate CAFCASS’s actions.
13. Mrs X alleges some social workers have not acted properly and have not provided correct information about themselves. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Mrs X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.
14. Mrs X complains about a social worker’s conduct in court. This is also more than 12 months ago. But also we cannot investigate what happens during Court proceedings.

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Final decision

15. We will not investigate Ms X’s complaint because many are too late, we cannot investigate the Police, CAFCASS or Court matters and Social Work England are better placed to consider social work professionalism complaints.

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Investigator's decision on behalf of the Ombudsman