Summary: We will not investigate this complaint about arrangements for contact with Ms X’s great-grandchildren. The complaint is late, but there is also not enough evidence of fault with the Council’s actions. Even if we investigated, we could not achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained the Council will not allow her contact with her great-grandchildren who are in care.

Back to top

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 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We will not start an investigation into Ms X’s complaint.
9. The issue at the heart of this complaint goes back to 2020. We normally expect people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason Ms X could not have complained much earlier and so the exception at paragraph 3 applies to her complaint.
10. But even if Ms X’s complaint was not late, it is not one we would investigate. In response to Ms X’s complaints the Council arranged for her to take part in contact sessions. It says her great-grandchildren then said they did not want any further contact. The Council has tried to explore the reasons for this, but it says the views of the children have not changed. While I understand this must be distressing for Ms X, there is not enough evidence of fault in how the Council has acted for us to criticise its actions.
11. We also could never say the Council should allow contact between Ms X and her great-grandchildren. This is a decision for the Council and potentially the courts. We cannot therefore achieve the outcome Ms X wants. It is open to Ms X to take legal advice on this matter about the options available to her.

Back to top

Final decision

12. We will not investigate Ms X’s complaint. It is late, there is not enough evidence of fault, and we cannot achieve the outcome Ms X wants.

Back to top

Investigator's decision on behalf of the Ombudsman