Summary: We will not investigate Mr X’s complaint the Council refused to assess his parent carer needs and did not do so in its children and family assessment. We cannot investigate arguments or evidence which were properly for the court in care proceedings. Mr X complains late about events before court. There is no ongoing issue because Mr X has not cared for the children in the last 12 months.

The complaint

1. Mr X complains the Council refused his requests, made over several years, for a parent carer assessment when it has a legal duty to complete one. Mr X says the Council’s children and family assessments do not mention support to parents. Mr X says the Council failed to provide the correct support for the family and he wants the Council to apologise. The Council took care proceedings and the children have not lived with Mr X for over a year.

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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 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)
4. 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)

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant and the Council. The information includes the complaint correspondence. I have clarified with the Council the current position regarding Mr X’s children. I have discussed the complaint with Mr X by telephone.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. In 2021 the Council took care proceedings on Mr X’s children who were removed from his care. Matters considered as part of court proceedings are outside the Ombudsman’s jurisdiction (see paragraph 2 and 3 above). The court will have considered why the proceedings occurred, parenting capacity, help provided, and the Council’s care plan. It was open to Mr X’s solicitor to argue that the Council had failed to properly assess or provide sufficient help. The Ombudsman cannot make such an argument or disagree with the decision of a court.
8. Mr X says he first requested a parent carer assessment in 2015. Events before May 2021 are outside the Ombudsman’s jurisdiction because Mr X complains late, outside the permitted period of 12 months (see paragraph 4 above). Mr X could have complained about a refusal to assess in 2015/16 much sooner. He has complained to us several times since 2017. We will not investigate matters already decided.
9. There is no ongoing carer issue and nothing to achieve following the court case. Mr X tells me the court case ended early this year. He has confirmed to me the Council’s information that he has not cared for the children since Spring 2021.
10. There is no public interest in considering the Council’s practice given the outcome of Mr X’s complaint. The 1989 Children Act, section 17 Z(D)(E), says the Council has a legal duty to carry out a parent carer assessment if asked to do so. If there is more than one assessment they can be combined. The Council’s final complaint reply, dated 26 April 2022, says it has now developed a separate document for a parent carer assessment. Where part of a larger children and family’s assessment it will ensure there is clarity about where the carer needs are addressed and the outcomes.

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Final decision

11. The Ombudsman will not investigate Mr X’s complaint the Council refused to assess his parent carer needs and did not do so in its children and family assessment. We cannot investigate arguments or evidence which were properly for the court in care proceedings. Mr X complains late about events before court. There is no ongoing issue because Mr X has not cared for the children in the last 12 months.

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Investigator's decision on behalf of the Ombudsman