Summary: We will not investigate Mr X’s late complaint about the Council’s involvement with his child in 2019. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Mr X complains the Council’s Social Worker made false statements when involved with his child’s case in 2019. Mr X says he has not seen his child for almost a year because of the Council’s failure to take meaningful action to reestablish contact. He wants us to investigate the Social Worker’s conduct, award compensation and ensure his parental rights are fairly reviewed.

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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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

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

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My assessment

8. The Council has explained to Mr X it is too late for it to consider concerns he has raised about events that occurred in 2014 and 2019. It has also confirmed the action it has taken to consider the concerns Mr X has raised about his child while in their mother’s care. The Council has advised Mr X it cannot enforce contact arrangements ordered by the court. It told Mr X he will need to seek independent legal advice and return to court if he wishes to enforce or alter the terms of an existing contact arrangement order.
9. We usually expect people to complain to us within 12 months of the events they are complaining about. Any issues Mr X continues to have about the Council’s handling that occurred more than 12 months prior to him bringing his complaint to us are now late. I have seen nothing to suggest Mr X could not have brought his concerns to us sooner, so I will not exercise discretion to investigate those late complaint now.
10. Even if we were to exercise discretion to investigate Mr X’s late complaint, the law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Mr X to return to court to enforce or change the terms of any contact arrangements in place for his child. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute, including contact arrangements.

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Final decision

11. We will not investigate Mr X’s complaint because it is late and the law prevents us from investigating anything that has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman