Cheshire West & Chester Council (24 003 220)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 31 Jul 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s involvement with Mr X and his family. Mr X has started private court proceedings and the court can examine the issues he is unhappy about. Nor will we investigate the Council’s initial involvement in 2022, because this is a late complaint.

The complaint

  1. Mr X complained about the conduct of the Social Workers involved with his family in 2022. He also said, in 2024 he obtained a copy of a child and family assessment and was unhappy with what the report said about him. Mr X said because of the Council’s actions he lost access to his children and had to leave his home.

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The Ombudsman’s role and powers

  1. 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)
  2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start an investigation if we think the issues could reasonably be mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In 2022, Childrens Social Care at the Council was involved with Mr X and his children during a matrimonial dispute. It completed an assessment after it was sent a referral, and then closed its involvement.
  2. In his current complaint, Mr X said the Council had not given him a copy of the assessment. He also said when he obtained a copy recently, he said he was unhappy with how the Council obtained the information and what the report said about him.
  3. We will not investigate the parts of Mr X’s complaint about the content of the report. Mr X has initiated private proceedings relating to child access arrangements, and it would be reasonable for him to address these concerns with the family court, during the proceedings.
  4. Nor will we investigate the parts of Mr X’s complaint about the Council’s involvement with his family in 2022, because if he was unhappy with that, he could have complained about these matters at the time and there are no good reasons why he did not.

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Final decision

  1. We will not investigate Mr X’s complaint because he can raise the matter through court proceedings and some parts of his complaint are late.

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Investigator's decision on behalf of the Ombudsman

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