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

The complaint

1. Mr X complains the Council is not complying with court ordered contact with his grandchildren, who have been in foster care since 2018. Mr X and his family want to see the children more often and believe the Council has not followed a court order for ten visits a year. He wants the Council to comply with the court ordered contact arrangements.

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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 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)

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How I considered this complaint

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

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My assessment

7. We will not start an investigation into Mr X’s complaint. The issue at the heart of this complaint goes back to 2018, when the Council removed Mr X’s grandchildren from their parents’ care and placed them in foster care. Mr X says the issues over his and his family’s contact with the children has been ongoing since then.
8. 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 Mr X could not have complained much earlier and so the exception at paragraph 3 above applies to his complaint.
9. Even if Mr X’s complaint was not late, it is not one we could investigate. In response to Mr X’s complaint, the Council has explained it has arranged contact at a pace and frequency in line with his grandchildren’s wishes. The Council clarified contact arrangements between the children and their grandparents did not form part of the final order issued by the courts in late 2018. The Council has also confirmed that it will keep contact arrangements under review in line with guidance for Looked After Children. While I understand this situation is distressing for Mr X and his family, who want more contact, there is not enough evidence of fault in how the Council has acted to criticise its actions.
10. We could also never say the Council should allow contact between Mr X and his grandchildren. This is a decision for the Council to make (based on its professional judgement) and potentially the courts. As the Council has suggested, it is open for Mr X to seek independent legal advice about the options available to him if he considers the existing contact arrangements should be changed or have not been adhered to.

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Final decision

11. We will not investigate Mr X’s complaint because it is late, there is not enough evidence of fault and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman