Summary: We will not investigate Mr X’s complaint about the Council’s handling of contact arrangements with his child. Part of his complaint is late and there are no good reasons why it could not have been raised with us sooner. Of the part that is not late, the Council has investigated his concerns and further investigation by us would not lead to a different outcome for Mr X. Nor will we investigate the procedure the Council used to investigate Mr X’s complaint. It is unlikely we would find fault.

The complaint

1. Mr X complained about how the Council handled his contact with his child (Y). Mr X said the Council were unsupportive, biased and used the incorrect complaints procedure when responding to his concerns.
2. Mr X said he is not currently having contact with Y which is negatively impacting on his mental health.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. 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 not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Mr X raised concerns about how the Council managed his case throughout 2024. We will not investigate any complaint about issues that occurred before August 2024. This is because any complaint about those issues is now late. There are no good reasons why they could not have been raised to us within 12 months of when they happened.
9. Mr X also complained the Council were biased and treated him unfairly when organising contact with Y. Mr X said Y’s mum was treated more favourably.
10. From the evidence I have seen, the Council has regularly raised contact arrangements in its discussions with Y, including contact with both parents. The evidence also shows in late 2024, it asked Mr X to agree to a contact contract, and he did not sign this, to confirm arrangements.
11. The Council investigated Mr X’s complaint, and I am satisfied it is a thorough and detailed response to the issues Mr X raised. While I accept he remains unhappy, I am satisfied we could not add to the Council’s investigation.
12. The Council responded to Mr X’s complaint using its corporate complaints procedure instead of the Children Act statutory complaints procedure. When Mr X queried this, the Council explained its reasoning for doing so. Given the explanation the Council gave, it is unlikely we would find fault here.

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Final decision

13. We will not investigate Mr X’s complaint because part of it is late and we could not add to the Council’s investigation of the part remaining. Also, it is unlikely there was any fault the Council did not use the three stage Children’s Act procedure.

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Investigator's decision on behalf of the Ombudsman