Summary: We will not investigate Miss X’s historic complaint about the Council’s child protection actions in 2010. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now. Further to this, the matters appear to have been subject to court proceedings. The law prevents us from investigating complaints about matters that have been considered and decided in court. We have no discretion to do so.

The complaint

1. Miss X complains about the Council’s child protection actions in 2010 which led to her children being removed from her care.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. In 2021, Miss X complained to the Council about its 2010 child protection involvement with her family which led to her children being removed from her care.
9. The Council decided not to investigate Miss X’s complaint. It explained the complaint was historic and due to the significant passage of time, 11 years, since the events complained about, it considered it was not possible for it to carry out a fair and effective investigation so long after the events. The Council’s 2021 final response signposted Miss X to this office if she remained dissatisfied with its response. Miss X complained to us in 2025.
10. We will not investigate Miss X’s complaint. The complaint is historic. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. The difficulties the Council set out in being able to carry out an effective investigation four years ago would apply even more so to any investigation carried out by this office now another four years on. I see no good grounds to exercise discretion to consider it now. There is no realistic prospect of us being able to carry out a full and fair investigation on historic events now given the very significant passage of time since the events complained about. Changes in staff, policies, practice, guidance and legislation would also impact our ability to carry out a meaningful investigation.
11. Further to this, it is unlikely we could have investigated much if any of this complaint even if it had been made in time. This is because the matter has been subject to court proceedings. The law prevents us from investigating complaints about matters that have been considered in court, or could have been raised during the proceedings. We have no discretion to do so.

Back to top

Final decision

12. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

Back to top

Investigator's decision on behalf of the Ombudsman