Summary: We will not investigate Ms M’s complaint about her dealings with the Council between 2012 and 2020 because there is no worthwhile outcome achievable.

The complaint

1. Ms M complains the Council has refused to investigate her complaint. She complained about her dealings with the Council between 2012 and 2020.
2. Ms M alleged that failures by the Council (and other bodies) in connection with domestic abuse and safeguarding led to the removal of her children in February 2020. She says that failings by the Council restricted her ability to advocate effectively for her children.

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The Ombudsman’s role and powers

3. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. The Council refused to consider Ms M’s complaint because it concerns events that happened more than 12 months ago.
7. Ms M is unhappy with the Council’s decision. She explained the reasons she had not complained sooner. She said that at the time of the events, she was experiencing domestic abuse, coercive control, and acute vulnerability. She said she was not in a position to pursue a complaint because of fear of repercussions and the imbalance of power inherent in care proceedings.
8. There does not appear to be any reason the Council could not investigate Ms M’s complaint if it chose to.
9. But there are a number of reasons we will not pursue the matter.
10. Ms M’s complaint, and the injustice she claims as a result of the fault she alleges, are closely linked to matters outside our jurisdiction. Ms M’s children were taken into care in 2020. We cannot investigate complaints about the care proceedings or matters which could have been raised with the Court during the proceedings. Ms M, or her legal representatives, could have raised any concerns during the proceedings.
11. Unconnected recent developments, about which Ms M has made a separate complaint, have further limited her ability to advocate for her children.
12. Investigating Ms M’s complaint now about events between 2012 and 2020 would not lead to a different outcome.
13. We will not investigate Ms M’s complaint because there is no worthwhile outcome achievable for us.

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Final decision

14. We will not investigate Ms M’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman