Summary: We will not investigate this complaint about how the Council dealt with a complaint about child protection matters because there is insufficient evidence of fault.

The complaint

1. X complains that the Council refused to consider their complaint under the statutory children’s complaints procedure.

Back to top

The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. In 2023, X complained to the Council about the actions of children’s services in relation to X’s child. X complained about the contents of a section 7 report, a failure to act on safeguarding concerns, the Council’s actions during court proceedings, and a failure to give balanced consideration to X as a parent.
8. The Council responded to X’s complaint in November 2023 and signposted X to the Ombudsman. In June 2026, X asked the Council to escalate his complaint to stage two of the statutory children’s complaints procedure, but the Council refused.
9. I will not investigate X’s complaint because there is insufficient evidence of fault with the Council’s decision not to consider their complaint in 2026. Child protection matters do not come under the statutory children’s complaints procedure, and we would not expect a council to reinvestigate a complaint that it had already considered some three years previously.
10. I will not investigate the issues raised in X’s complaint. We have no power to investigate information the Council provided to the courts, including the preparation and contents of a section 7 report. The law prevents us from investigating what happens in court.
11. Any issues raised by X that are separable from court proceedings are made late and I see no good reason why X could not have come to the Ombudsman sooner.

Back to top

Final decision

12. We will not investigate X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman