Summary: We cannot investigate Ms X’s complaint about where her children lived as the Court decided that. We will not investigate her complaint about Council communication with her and her involvement in her children’s lives. These Council actions have been known to Ms X for more than 12 months and there are no good reasons we should disapply the 12 month rule.

The complaint

1. Ms X says the Council failed to properly communicate with her or involve her in her children’s lives. She disagrees with the decisions made about where her children lived.

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The Ombudsman’s role and powers

2. 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).
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)

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How I considered this complaint

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complaint concerns her five children. The Court decided at different times since 2011 where those children should live. We cannot investigate the Court’s decisions nor the evidence or information the Council gave to the Court.
7. Ms X says the Council failed to communicate to her properly while the Council cared for them and failed to take safeguarding action when she told the Council about concerns she had for their care.
8. Four of the children are now over 18. We would need their consent before we could consider any complaint about the care they received.
9. We will not investigate events which Ms X knew about for more than 12 months unless there are good reasons to do so. I am not satisfied there is because:
• I am not confident, given these actions go back 15 years, there is a realistic prospect of reaching a sound, fair, and meaningful decision, and
• I am not satisfied that Ms X could not reasonably be expected to have complained sooner.

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Final decision

10. We will not investigate Ms X’s complaint because we cannot investigate the decisions about with whom her children should live as the Court made these. There are no good reasons to disapply the 12 month rule.

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Investigator's decision on behalf of the Ombudsman