Summary: We cannot investigate this complaint about the care arrangements for X’s children. This is because X has commenced court proceedings. Any matters separable from proceedings are made late.

The complaint

1. X complains that the Council removed their children from X’s care and placed them with carers where they were neglected. X also complains about how the Council dealt with their complaints about these matters.

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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 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)
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))

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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 cannot investigate X’s complaint about the care arrangements for their children. This is because X has commenced court proceedings about these matters. X’s concerns about the children’s current foster placement could reasonably be mentioned during these proceedings.
8. X has made two complaints to the Council who issued responses in October and December 2025. I will not investigate any issues addressed in these complaints that are separable from the ongoing court proceedings because they are about things that happened too long ago and I seen no good reason why X could not have come to us sooner.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate X’s complaint because X has started court proceedings. Any matters separable from proceedings are made late.

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Investigator's decision on behalf of the Ombudsman