Summary: The Ombudsman will not investigate Ms B’s complaint. Most of the issues she raises are too old, have been before a court, or are currently before a court. The Council has not yet had the opportunity to respond to the remaining complaint.

The complaint

1. The complainant, whom I refer to as Ms B, complains that the Council has failed to properly assess her children’s welfare for several years. She says it completed an assessment in May 2019 which contained inaccuracies.
2. Ms B complains that the Council recommended to the court that her family “be split into two groups” – two children with Ms B, and two with her ex-husband. She says the two children who live with her ex-husband are not safe in his care.
3. Ms B also complains that the Council has not done enough to support her to have contact with the two children who live with her ex-husband.

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The Ombudsman’s role and powers

4. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))
5. 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)
6. 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)
7. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

8. I considered information from Ms B and the Council. I wrote to Ms B and the Council with my draft decision and gave them the opportunity to comment.

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What I found

9. Two of Ms B’s children live with her, and two live with her ex-husband (the children’s father). This was decided in court.
10. Although Ms B is dissatisfied with the Court’s decision (and feels the Council was to blame for it), I cannot investigate what happened in court, so cannot look at her complaint about the children’s living arrangements.
11. Ms B says the children who live with her ex-husband are not safe with him. She also says he will not allow her contact with them, and she feels the Council has not done enough to help her get contact.
12. It is not the Council’s role to tell parents how to manage contact arrangements. This is a matter for parents to decide between them and, if this is not possible, a court can decide.
13. Ms B has sought a new child arrangements order for the children, and these proceedings are currently ongoing. As part of the proceedings the Council has been asked to complete a welfare report under section 7 of the Children Act 1989.
14. Having received relevant reports and considered representations from all parties, the Court will decide suitable arrangements for the children. Ms B will have the opportunity to put forward her views about risk and about contact as part of the proceedings.
15. Because these matters are being considered by the Court, I cannot investigate them.
16. Although Ms B has complained about the Council’s assessments of her children’s welfare over several years, I cannot look at old complaints, and I see no reason that Ms B could not have complained about these matters earlier.
17. However, Ms B has also complained about an assessment from May 2019. She says it contains inaccuracies.
18. Ms B has provided a statement to the Council which lists parts of the assessment which she believes are incorrect. The Council is in the process of considering what action to take in response to this statement (including whether to amend the assessment).
19. Given that the Council has not yet had the opportunity to fully investigate and reply to Ms B’s complaint about the assessment, I cannot look at it. If she is dissatisfied with the response, she should tell the Council why, and it can then decide how to proceed.

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Final decision

20. I have not investigated Ms B’s complaint. Most of the issues she raises are too old, have been before a court, or are currently before a court. The Council has not yet had the opportunity to respond to the remaining complaint.

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Investigator's decision on behalf of the Ombudsman