Summary: We will not investigate Miss X’s late complaint about the Council’s handling of her children’s case before 2023. The issues are closely related to court proceedings about care and contact arrangements for Miss X’s children. There are no good reasons to exercise discretion to investigate this late complaint now. The existence of court action creates a permanent and absolute legal bar that prevents us from investigating the matter.

The complaint

1. Miss X complains the Council’s Social Worker allocated to her children acted unprofessionally and made false allegations about her. She lost custody of her children because of this and her ex-partner now prevents her from seeing her children. She wants the Social Worker’s actions investigated and for them to be dismissed for the mishandling of her children’s case.

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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 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))
4. 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

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 Council has declined to investigate Miss X’s complaints because they relate to issues that occurred before 2023 and were the subject of court proceedings. It has offered to consider any concerns Miss X might have about its current involvement.
8. We usually expect people to complain to us within 12 months of the events they are complaining about. Any issues Miss X continues to have about the Council’s handling that occurred more than 12 months prior to her bring her complaint to us are now late. I have seen no evidence to suggest Miss X could not have brought her concerns to us sooner, so I will not exercise discretion to investigate the late complaint now.
9. Even if we did exercise discretion to investigate this late complaint, the law prevents us from becoming involved in matters that have been the subject of court proceedings. The issues Miss X has raised about her contact arrangements with her children are closely linked to matters that the court has considered. Any concerns Miss X continues to have about her contact with her children should be raised with the court directly or through legal representative(s). We have no power to intervene or make decisions in place of the court. Miss X will need to return to court if she wants her ex-partner to comply with any court ordered contact with her children.
10. Miss X has complained about specific actions and general attitude of her children’s Social Worker. Our role is to look into the Council’s actions as a corporate body, rather than to investigate an individual. If Miss X has concerns about the professionalism or conduct of an individual social worker, she can report her concerns to their professional body, Social Work England.
11. Moreover, Miss X expressed a wish for the Council to take a disciplinary action against the Social Worker. We would not be able to achieve this outcome as any disciplinary actions between the Council and its employees fall outside our jurisdiction.

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Final decision

12. We will not investigate Miss X’s complaint because it is late and the issues are closely related to court proceedings or the conduct of an individual employee, which we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman