Summary: We will not investigate Ms X’s historic complaint about the Council’s actions in its Children’s Services involvement with her family in 2007. The complaint has been made to us too late and we could not investigate the matter fully and fairly now. Further to this, the law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. Ms X complains about the Council’s Children’s Services actions when it was involved with her family in 2007. Ms X says the social worker was unprofessional; manipulated her evidence; ignored evidence; ignored her children’s wishes; encouraged her ex-husband to stop her contact with her children and lied in court. The case was considered in court proceedings and resulted in her children being placed with their father who is an alcoholic.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Ms X complained to the Council about its actions in 2007 as set out above. Ms X says she had waited until her youngest child became an adult to make her complaint.
8. The Council told Ms X it would not consider her complaint because it is historic. It explained that complaints should be made within one year of the events complained about. It said that due to the considerable passage of time since the events complained about it would not be able to effectively and fairly investigate it now.
9. We will not investigate Ms X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. I see no good reasons to exercise discretion to consider this very late complaint now. The difficulties the Council set out in being able to properly investigate this matter now would also apply to any investigation by this office as it relates to events almost 20 years ago. Due to the very significant passage of time I see no realistic prospect of us being able to carry out a full and fair investigation into those events and reach a clear and reliable view on the alleged fault now. Changes in staff, policies, practice, guidance and legislation would also impact our ability to carry out a meaningful investigation.
10. Further to this, it is also unlikely the matters raised in the complaint are clearly separable from the court proceedings. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. This restriction means we cannot consider complaints about any evidence or reports the Council provided to the court in the proceedings. This is because it forms a part of the proceedings and is not separable from them.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because it is late and because it is about matters subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman