Summary: We will not investigate Mr X’s complaint about the Council’s involvement with his children. The complaint is late and the law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Mr X complains the Council has failed to properly safeguard his children while in their other parent’s care. He says this has damaged the relationship between him, his extended family and the children. He wants the Council to properly investigate his safeguarding concerns and to put measure in place to keep his children safe. He wants to avoid the need to return to court to get these issues addressed.

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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. 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))
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)

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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. The Council has recently responded to an enquiry from Mr X’s Member of Parliament (MP). It explained it had not been formally involved with Mr X’s family since 2020. The Council also explained it had offered support to Mr X and the mother of his children through its Early Help Team in 2024, which had been declined. The Council has asked Mr X to continue reporting any safeguarding concerns about his children to it and to contact the police about any urgent concerns.
9. 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. We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason in this case, because we have no remit to become involved in matters that are being considered by the court.
10. Any arrangements about care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the children’s best interests and on any matters of dispute.
11. We will not investigate this complaint because neither we nor the Council can make decisions about the care and contact arrangements for Mr X’s children. It would be reasonable for Mr X to raise any concerns he has about his children while in their mother’s care with the court.

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Final decision

12. We will not investigate Mr X’s complaint because it is late and the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman