Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s involvement with her family, its decision in 2004 to take care proceedings on her son, and contact arrangements in recent years. Most of the complaint is outside the Ombudsman’s jurisdiction because a court considered the case and due to Ms X complaining late. There is no reason to investigate current contact arrangements.

The complaint

1. Complaint 1: Ms X complains that in 2004 the Council refused to return her son to her care. She says the Council temporarily accommodated her son and, when she asked for him back, started care proceedings at court. Ms X says the Council used inaccurate information about her health and made false allegations. She says the Council’s actions have had a damaging impact on her life and her son who went to live with a relative.
2. Complaint 2: Ms X complains that around 2004 she saw her son’s foster carer sexually abuse him. She says she wants to expose the abuse to her son.
3. Complaint 3: Ms X complains that in 2016 the Council’s social worker involved her mother’s former husband in the care of her mother. She says the former husband disposed of belongings belong to her and her son which she had stored at her mother’s home.
4. Complaint 4: Ms X complains that the Council stopped her contact with her son from December 2016 to early 2018 for over one year. She had supervised contact and then the social worker stopped the arrangement referring allegations against her. She continues seeing her son but would like an increase in her contact.

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The Ombudsman’s role and powers

5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. 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)
7. 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)

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How I considered this complaint

8. I have considered Ms X’s information and comments and discussed the complaint with her by telephone. I have considered Ms X’s reply to my draft decision statement. I have considered the Council’s reply to her complaint and the Ombudsman’s last decision on this matter dated 27 September 2018 (reference 18 004 128). I have clarified with the Council the history of court cases.

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What I found

9. In 2004 the Council took care proceedings on Ms X’s young son. The court granted the Council a care order. The Council moved Ms X’s son from foster care to live long term with a relative where he remains.
10. Ms X tells me that during the care proceedings she reported to her solicitor her concerns about the care of her son in foster care. She says he did not take them seriously. She also went to the police who I understand did not pursue the case.
11. In 2014 a court dismissed Ms X’s application to revoke the care order and resume care of her son. Ms X says the Judge told her he could not discharge her son from care because she did not have suitable accommodation. Ms X says she was unlawfully evicted and made homeless.
12. Ms X says in 2016 her mother’s former husband disposed of belongings stored at her mother’s home, including Ms X’s sentimental and valuable items. She says she reported him to the police who visited but decided no action would be taken because the former husband was with her mother. Ms X blames a social worker for involving the ex-husband with her mother’s care when she was ill.
13. The Council tells me Ms X has not taken legal proceedings against it since 2014. Her mother applied to court for contact in 2016 and withdrew the application when the Council agreed contact. Under a court order, Ms X could have contact with her son six times a year. She says in 2015 the Council involved a support worker to supervise or assist with contact.
14. From December 2016 to about April 2018 the Council stopped and/or did not arrange contact; indicating Ms X lost 8 contact visits with her son. This was the subject of Ms X’s complaint to the Council in 2017 and to the Ombudsman in 2018. We did not investigate because Ms X complained late and had dropped the matter for 11 months before asking for stage 3 of the complaint procedure. We noted that the Council had been asked to apologise for poor communication with Ms X in 2017.
15. On 4 May 2020, the Council wrote to Ms X about her complaints and having reviewed contact decisions around 2017. It says contact stopped because of concerns about the quality of contact. It has upheld Ms X’s complaint about how the situation was managed. It has apologised to Ms X for its poor communication and because the reasons for contact decisions are not clearly recorded. It says it will take up the practice issues with those involved. Ms X tells me the social worker from that time is no longer employed by the Council.
16. Ms X says the Council’s social workers have, at key points over the years, made false allegations against her and insulting and inaccurate statements. She says they are guilty of ‘fraud’ and breaching her human rights. Ms X tells me the current social worker is good and she is not complaining about her. She had contact with her son last December before the covid crisis. Since then she has video contacts with her son and sister. She wants an increase on the two-hour contact that she has had in recent times.
17. The Council says the adult social care team is now involved with Ms X’s son who is an adult and no longer on a care order. It is considering how to fund Ms X’s future contacts with her son, they live in different parts of the country, and will have a plan for contact.

Analysis

18. I will not investigate Ms X’s complaints for the following reasons:
19. Complaint 1: The Ombudsman cannot investigate the complaint about the Council’s decision to keep Ms X’s son in care. It is outside jurisdiction because a court dealt with the case and will have considered the Council’s evidence and actions (see paragraph 7 above). The court decided to make Ms X’s son the subject of a care order in 2004 and confirmed the position in 2014.
20. Complaints 2 and 3 are outside the Ombudsman’s jurisdiction because Ms X complains late being outside the legally ‘permitted period’ of 12 months (see paragraph 6).
21. Complaint 2: I will not exercise discretion to investigate the complaint about Ms X’s allegations against the foster carers. Ms X (or her solicitor) could have complained much sooner and could have raised her concerns in court at the time of the care proceedings.
22. Complaint 3: I will not exercise discretion to investigate the complaint about the loss of Ms X’s belongings in 2016. Ms X could have complained sooner especially given her previous complaint to this office. Investigation will not result in the outcome Ms X wants. The Council is not likely responsible for the actions of a third party who chose to dispose of items. I understand the police decided there was no criminal offence. Should Ms X want to complain about the care of her late mother it would be a separate matter and she would need to complain first to the Council.
23. Complaint 4 Contact:
1. The Ombudsman decided nearly two years ago not to investigate the complaint that Ms X did not have contact between 2016 and early 2018. I have considered the Council’s latest findings but will not investigate because investigation is not likely to achieve the outcome Ms X wants. It appears there is a lack of clear evidence to explain the decisions in 2017. I do not consider it would be a good use of limited public resources to investigate the matter now two years after contact resumed.
2. There is no reason to investigate current contact arrangements which are happening within the constraints of the covid crisis. The Council has said it intends to arrange future contact and assist with costs. If Ms X wants an increase in contact time she can discuss that with her son’s social worker.

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Final decision

24. The Ombudsman will not investigate Ms X’s complaint about the Council’s involvement with her family, its decision in 2004 to take care proceedings on her son, and contact arrangements in recent years. Most of the complaint is outside the Ombudsman’s jurisdiction because a court considered the case and due to Ms X complaining late. There is no reason to investigate current contact arrangements.

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Investigator's decision on behalf of the Ombudsman