Summary: We will not investigate Mr X’s complaint about the Council’s involvement with his family. Some of Mr X’s concerns are too late for us to consider. It would be reasonable for Mr X to ask the court to consider his remaining concerns.

The complaint

1. Mr X complains about the Council’s failure to confirm it will not start legal care proceedings if his children return to the UK. Mr X believes the Council has no basis for threatening to take legal action as he poses no risk to his children. Mr X believes the Council’s action is unlawful and has unfairly prevented him from seeing his children for over a decade. He wants assurances the Council will not start care proceedings if one of his children returns to the UK.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. 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)
6. 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 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

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

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My assessment

9. Under section 47 of the Children Act 1989, where a council has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
10. Councils should act decisively to protect children from abuse and neglect including starting care proceedings where existing interventions are insufficient.
11. The Council appears to have been involved with Mr X’s family for at least the last decade. Mr X’s children currently live outside the UK. The Council decided it needed to start care proceedings to safeguard Mr X’s children if they returned to his care in the UK.
12. 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 before him bringing his latest complaint to us are now late. We can exercise discretion to consider late complaints if there is good reason to do so. I have not asked whether there are good reasons, because even if there are, we have no jurisdiction to investigate matters the court should consider.
13. Mr X complains the Council has not complied with an earlier court order about his family. The law prevents us from becoming involved in matters that have been or are the subject of court proceedings. We have no powers to intervene or make decisions in place of the court. It would be reasonable for Mr X to return to court if he believes the Council has not complied with court orders. It would also be for the court to decide whether the Council’s intended care proceedings are appropriate and what is in a child’s best interests and on any other matters of dispute.

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Final decision

14. We will not investigate Mr X’s complaint because elements of it are too late to bring to us. In addition, it would be reasonable for Mr X to raise the other issues he has with the court as we have no powers to intervene.

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Investigator's decision on behalf of the Ombudsman