Summary: We will not investigate this complaint that the Council’s children’s services wrote a biased assessment. This is because the complaint is made late, and I see no good reason to exercise discretion and investigate the issues raised now.

The complaint

1. Mr X complains that the Council’s children’s services wrote an assessment that was biased against him and resulted in him losing access to his children.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about the contents of an assessment, which he says led to him losing access to his children. The Council responded in January and told Mr X he could complaint to the Ombudsman if he was not satisfied with its response.
7. I will not investigate Mr X’s complaint because it is made late. The issues raised happened more than 12 months ago and I see no good reason why Mr X could not have asked the Ombudsman to investigate sooner.

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Final decision

8. We will not investigate Mr X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman