Summary: We will not investigate Mr X’s complaint about the actions of the Council’s children’s services. Some elements are late and have formed part of court proceedings, some are about matters that the Courts are better placed to consider, and there is no worthwhile outcome achievable by investigating others.

The complaint

1. Mr X complains about the Council’s children’s services involvement with he and his family, going back several years.

Back to top

The Ombudsman’s role and powers

2. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 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)
5. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

8. The Council became involved with Mr X’s children after allegations were made about Mr X which led to him being charged. The allegations were considered during court proceedings in 2022, which led to the charges being dropped. In 2023, the courts issued a Family Assistance Order.
9. Mr X complained to the Council about:

• Its involvement with Mr X’s ex-partner in relation to the allegations that resulted in Mr X being charged.
• A failure to comply with the Family Assistance Order.
• A failure to provide Mr X with copies of notes from a Child in Need meeting and that he was not allowed to attend the final meeting.

10. I cannot investigate Mr X’s complaint about the Council’s involvement with his ex-partner concerning the allegations that Mr X was charged for. This is because these matters have been considered in court. Even if we could separate the Council’s involvement from the court proceedings, we would not investigate them. This is because the events happened too long ago, and I see no good reason why Mr X could not have complained sooner.
11. I will not investigate Mr X’s complaint that the Council failed to comply with the Family Assistance Order. This is because it is reasonable for Mr X to go back to court if he feels the order is not being adhered to. Only the courts can determine if an order is not being followed.
12. The Council has apologised to Mr X for not providing him with copies of the Child in Need meeting notes. The Council says that it invited Mr X to the closure meeting, but he was unable to attend. I will not investigate these elements of Mr X’s complaint because there is no worthwhile outcome. The meeting minutes have now been provided to Mr X, and the case has now been closed.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because some elements are late and have formed part of court proceedings, some are about matters that the Courts are better placed to consider, and there is no worthwhile outcome achievable by investigating others.

Back to top

Investigator's decision on behalf of the Ombudsman