Summary: We will not investigate this complaint about Mr X’s unhappiness with a psychological report. This is because this part of the complaint is late and there is no good reason to exercise discretion to investigate. We will not investigate Mr X’s unhappiness with court proceedings involving the Council because we do not have the jurisdiction to investigate matters that took place in court. In addition, we will not investigate Mr X’s complaint regarding safeguarding concerns he raised about his child. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained about the contents of a psychological report, court proceedings, safeguarding concerns involving his child and the Council’s failure to communicate regarding a change in social worker.

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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 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)
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
• we could not add to any previous investigation by the organisation, 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 Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X made several complaints about the Council’s involvement with him and his family. He complained about the contents of a court ordered psychological report, court proceedings relating to the care arrangements for his children, safeguarding concerns he raised about his child and the Council’s failure to contact him regarding a change of social worker.
9. The Council advised Mr X to seek legal advice regarding concerns about the report and court proceedings. The Council investigated the safeguarding concerns raised by Mr X and did not find cause for concern. The Council apologised for a delay in communicating with him regarding a change of social worker.
10. Mr X remains unhappy with the Council and wants us to find it at fault.
11. The Ombudsman will not usually exercise discretion to investigate complaints regarding matters that took place more than 12 months prior to the complaint referring the complaint to us unless there are good reasons to do so. The psychological assessment Mr X has complained about was carried out several years ago. It would have been reasonable for Mr X to bring this aspect of the complaint to us much sooner. There is no good reason to exercise discretion to investigate.
12. Mr X has also complained about the Council’s involvement with court proceedings relating to care arrangements for his children. The Ombudsman cannot investigate complains relating to matters that took place in court as we do not have the jurisdiction to do so.
13. The Council has investigated the safeguarding concerns Mr X raised regarding his child and explained it did not find evidence that the child was at risk or further action was necessary. There is no evidence of fault in the Council’s rationale or actions. An investigation would be unlikely to find fault with this part of the complaint.
14. The Council has investigated Mr X’s unhappiness with its failure to communicate regarding a change of social worker. The Council has acknowledged the delay and apologised for it. It has explained why the delay occurred and upheld this aspect of Mr X’s complaint. This is proportionate and what we would expect it to do. An investigation into this part of the complaint would be unlikely to result in a different outcome.

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Final decision

15. We will not investigate Mr X’s complaint because parts of the complaint are late, and we do not have the jurisdiction to investigate matters that took place in court. We would be unlikely to find fault or provide a different outcome with regards to the remaining parts of the complaint.

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Investigator's decision on behalf of the Ombudsman