Swindon Borough Council (24 020 048)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 27 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s handling of matters related to her children’s care since 2010. Miss X’s complaint is late with no good reason to exercise discretion.
The complaint
- Miss X is unhappy that her children were removed from her care. She complains the Council’s social worker was biased and produced false court reports. And that the Council funded solicitor fees for her child’s relatives.
- Miss X also complains about the Council’s complaint handling.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to us in February 2025. Evidence shows Miss X was aware of the matters she complains about as early as 2010.
- I will not investigate Miss X’s complaint because it is late. There are no good reasons why she could not have complained to us within 12 months of becoming aware of the issues. Further, we have no jurisdiction to investigate court decisions and reports, and events that happen in court.
- It would not be a good use of public money to investigate the Council’s complaint handling in isolation.
Final decision
- We will not investigate Miss X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman