Summary: We cannot investigate this complaint about the Council’s children’s services involvement with Miss X’s family. The law does not allow us to investigate matters which have been subject to court proceedings. In any case, Miss X’s complaint is late and there are no good reasons for us to exercise discretion to consider any parts of the complaint that could be separable from court proceedings.

The complaint

1. Miss X complained about the Council’s children’s services involvement with her family. Specifically, she complained a social worker lied in court documents and assessments to impact care arrangements with her child (Y) and communicated with her family ineffectively.
2. Miss X said the matters caused her extreme distress.

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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 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 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

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. Miss X complained to the Council in October 2023, and it responded to the complaint in November 2023.
9. Since November 2023, there has been court proceedings about Y’s care arrangements.
10. As outlined in paragraph four, the law says we cannot investigate matters which have been subject to court proceedings. Miss X’s concerns, particularly those related to the content of court documents, could have been raised in court. Therefore, we cannot investigate this complaint.
11. In any case, Miss X complained to the Ombudsman in November 2023, two years after the Council responded to her complaint.
12. As outlined in paragraph five, we cannot investigate late complaints without good reasons to do so. I have seen no good reasons Miss X could not have complained to the Ombudsman sooner and therefore we will not investigate.

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Final decision

13. We cannot investigate Miss X’s complaint because we cannot investigate matters which have been subject to court proceedings and the complaint is late.

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Investigator's decision on behalf of the Ombudsman