Summary: We will not investigate Miss X’s complaint about support to her family before her daughter was taken into care in 2017, and the care of her daughter afterwards. We cannot investigate the conduct of court proceedings. The support matter is historic, and Miss X could have come to us much sooner. There is no consent for Miss X to complain on her now adult daughter’s behalf.

The complaint

1. Miss X said the Council lied to courts and to her, and it failed to provide her with respite care and referrals. She said her daughter suffered harm in care. Miss X said the Council’s actions had caused her stress and ill health.

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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. 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)
5. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

6. I read Miss X’s complaint and complaint correspondence provided by the Council. I gave Miss X an opportunity to comment on a draft decision.

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What I found

7. The Council took Miss X’s daughter into care in 2017. The child, Miss Z, is now an adult and can give or withhold her consent for Miss X to complain on her behalf. I do not have Miss Z’s consent, so I have not considered Miss X’s complaint about what happened to Miss Z in care between 2017 and 2020.
8. Miss X also complains about a lack of support and lies, both to her and in court. These matters date from 2017 at the latest. Miss X complained to the Council in 2017. The council completed dealing with her complaint in 2018 and she could have approached us then. In addition, there is a statutory bar preventing us from investigating the conduct of court proceedings. This includes the evidence the Council gave in court.

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Final decision

9. We will not investigate this complaint. This is because:

• We do not have Miss Z’s consent to investigate a complaint by Miss X on her behalf;
• There is no good reason to exercise discretion to investigate historic matters about which Miss X could have complained to us sooner; and
• We cannot investigate what happened in court.

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Investigator's decision on behalf of the Ombudsman