Summary: We will not investigate this complaint about the Council’s decision to invite the complainant to a meeting where he was arrested by the Police. This is because the complaint is late and there are no good reasons to investigate.

The complaint

1. Mr X says the Council invited him to a safeguarding meeting ‘under false pretences’ where he was arrested. Mr X also complains about the Council’s refusal to investigate his complaint.
2. Mr X says he has been caused trauma; he became homeless, lost job opportunities and his contact with his children was adversely affected.

Back to top

The Ombudsman’s role and powers

3. 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)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X says he was arrested in April 2024 for an alleged breach of a non-molestation order. He says he could not complain earlier than now as his mobile was kept by the police, and it contained his evidence. He says the police took a year to decide not to bring any charges and return his mobile. He has provided evidence in the form of an email from the police, dated April 2025, asking him to collect his mobile.

8. The Council declines to investigate Mr X’s concerns about what happened in April 2024 citing the ‘Getting the Best from Complaints’ guidance (which governs the Children Act 1989 complaints procedures). Regulation 9 of the guidance says, ‘Local authorities do not need to consider complaints made more than a year after the grounds to make the representation arose’.
9. We will not investigate. Mr X’s complaint is caught by the time bar on the Ombudsman’s jurisdiction. We can investigate if there are good reasons, but I do not consider there are any. This is because Mr X could have contacted us within time, and we would have placed the matter on hold pending the police returning his mobile. Mr X did not need to provide evidence to us, and he could also have asked his representatives to contact us on his behalf.
10. It follows that where we are not investigating the substantive matter, we will not look at a complaint about the Council’s handling of the complaint. It is not a good use of public funds to investigate concerns about complaint procedures if we are not investigating the underlying complaint.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because it is late and there are no good reasons to investigate.

Back to top

Investigator's decision on behalf of the Ombudsman