Summary: We cannot investigate this complaint about the Council’s involvement in the care of Mrs X’s child. Most of the complaint relates to matters considered in court, which the law prevents us from investigating. Events before May 2024 are late. There is insufficient evidence of fault in more recent events we could consider, and in any event we could not achieve the outcome Mrs X seeks.

The complaint

1. Mrs X complained the Council ignored her safeguarding concerns over a ten-year period and was biased towards her child’s father. She said it falsified evidence to court and left the child at risk in their paternal family’s care. Mrs X said the Council’s actions worsened her distress, and her contact with her child suffered. She wanted her child’s case to be reopened and considered independently, and for her child to be protected.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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 not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. The law says people must bring complaints to us within 12 months of becoming aware of the matter. We may consider late complaints if there is a good reason for the delay in a person bringing them to us. Mrs X complained to us in May 2025. Events before May 2024 are late and there is not a good reason for the delay in them being brought to us. We will not investigate Mrs X’s complaints about events before May 2024.
8. Mrs X’s complaint includes concern about the Council’s involvement in court proceedings. She says the Council was biased towards the child’s father and falsified evidence to court. The law prevents us from investigating matters considered in court, which includes the content of the Council’s representations to court. We cannot consider these complaints.
9. Mrs X also complains the Council left her child at risk in the care of their paternal family. Only the court can decide where a child should live. This was a decision made by the courts, and we have no power to investigate it.
10. I have considered whether we should investigate more recent events that occurred after court involvement ended. These parts of the complaint relate to the Council’s actions when Mrs X made a child protection referral in 2025, and her concern the Council failed to take action it was ordered to by the courts.
11. The Council considered Mrs X’s child protection referral. This related to the actions of the paternal family, which Mrs X says were not in line with the court order. The Council decided the issues she raised had already been addressed and were matters Mrs X would need to raise via further proceedings. There is insufficient evidence of fault in this respect, as the Council has provided clearly considered reasoning for deciding not to carry out child protection enquiries.
12. In any event, we could not achieve the outcomes Mrs X seeks by considering this complaint further. Only the courts can reconsider the arrangements and Mrs X’s concerns about the actions of the paternal family. Mrs X says she cannot afford the cost of pursuing the matter in court again. However, this does not mean we can make decisions that are for the courts. We have no power to decide what is in the child’s best interests. It is open to Mrs X to seek legal advice.
13. I have considered the court order of late 2024 and its implications for the Council. The order stated the children’s guardian had made a referral to the Council for support for the child, and that this work should include the family member who had been granted special guardianship. The Council was not a party to proceedings, nor does this order place any legal duty on the Council to carry out this work as Mrs X indicates. We will not investigate this as there is insufficient evidence of fault by the Council.

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Final decision

14. We will not investigate Mrs X’s complaint because parts of the complaint are about matters considered in court, parts are late, there is insufficient evidence of fault in more recent events we could consider, and in any event we could not achieve the outcome Mrs X seeks.

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Investigator's decision on behalf of the Ombudsman