Summary: We will not investigate Mr X’s complaint about the Council’s previous involvement with his child. The complaint is late and there are no good grounds to exercise discretion to consider it now

The complaint

1. Mr X complains the Council failed to properly consider concerns he raised about his former partner and their child. He says this contributed to his loss of contact with his son. He says this caused him distress and affected his mental health. He wants the Council to review its actions and help him regain contact with his child.

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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. 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

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

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My assessment

7. Mr X complained to the Council about its involvement with his son in 2024. The Council refused to consider his complaint on the basis there was no current involvement by children’s services with his son and that any previous concerns raised were considered in line with its procedures.
8. The Council went on to advise Mr X that if he has new concerns about his son’s welfare, he should make a new referral. It also explained that disputes about contact arrangements between parents are private law matters and should be addressed through the appropriate legal route.
9. 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 child’s best interests and on any matters of dispute.
10. Mr X’s complaint concerns events which occurred more than 12 months before he complained to us. Whilst we can exercise discretion to consider late complaints where there is a good reason to do so, I have not identified any reason why he could not have complained to us sooner.
11. In addition, the outcome Mr X seeks relates to decisions about child contact. These are matters for the courts to determine rather than the Council.
12. We will not investigate Mr X’s complaint because it is late and there are no good grounds to exercise discretion to consider it now.

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Final decision

13. We will not investigate Mr X’s complaint. This is because the complaint is late and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman