Summary: We will not investigate Mr X’s late complaint about the Council’s handling of his children’s case between 2021 and 2023. There are no good reasons to exercise discretion to investigate this late complaint now. The issues relate to his contact with his children which are matters for the court to consider.

The complaint

1. Mr X complains the Council believed his ex-wife’s lies about him which led to Mr X losing his relationship with his children. He believes the Council has ignored significant concerns about his ex-wife’s care of his children. He wants the Council to reinvestigate these issues to prove he was not the perpetrator of abuse and to help rebuild his relationship with his children.

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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. 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)

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How I considered this complaint

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

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My assessment

6. The Council declined to investigate Mr X’s complaints because they relate to the Council’s involvement with his children between Summer 2021 and early 2023.
7. 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 no evidence to suggest Mr X could not have brought his concerns to us sooner.
8. Even if we did exercise discretion to investigate this late complaint, we could not achieve the outcomes Mr X wants. The issues Mr X has raised about his contact and relationship with his children are matters for the court to consider. We have no power to intervene or make decisions in place of the court. Mr X will need to return to court if he wants to seek contact with his children. Only the court can decide what is in a child’s best interest and on any matters of dispute.

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Final decision

9. We will not investigate Mr X’s complaint because it is late and it would be reasonable for Mr X to return to court if he wishes to seek access and contact with his children.

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Investigator's decision on behalf of the Ombudsman