Summary: We will not investigate Mr X’s complaint that the Council has failed to promote contact between him and his child since 2014. This is because his complaint is late.

The complaint

1. Mr X complains that the Council failed to promote contact between him and his child after a court order in 2014.

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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. 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)
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

7. I will not investigate Mr X’s complaint that the Council failed to promote contact between him and his child after a court ordered monthly contact in 2014. This is because Mr X’s complaint is made late and I see no good reason why he could not have complained sooner.
8. Furthermore, Mr X has recently commenced court proceedings regarding his contact arrangements with his child. The law prevents us from investigating matters when someone has sought a remedy through legal proceedings. The law therefore prevents us from investigating any recent action by the Council in relation to this matter.

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Final decision

9. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman