Summary: Miss X complains a Council officer lied during court proceedings over ten years ago resulting in her losing custody of a child. There are no good reasons to investigate this late complaint as it is caught by the time bar on our powers. But, even if Miss X had complained promptly, we cannot investigate matters decided at court.

The complaint

1. In short, Miss X complains a Council Officer told lies in court about her that resulted in her losing custody of a child.
2. Miss X would like a financial remedy for the distress caused to her over a prolonged period.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate a complaint about matters considered in court. (Local Goverment Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

8. I will not investigate as Miss X is complaining about historic matters from over ten years ago. She has made her complaint late and it is therefore caught by our legal time bar on investigating.
9. Further, I do not see good reason to investigate now as she is complaining about matters decided at court. So, we could not investigate even if she had complained promptly within 12 months of becoming aware of the issues raised now.

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Final decision

10. I will not investigate this late complaint. There are no good reasons to investigate now given Miss X is complaining about a matter that was decided at court.

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Investigator's decision on behalf of the Ombudsman