Summary: We will not investigate this complaint that the Council’s social workers have been at fault in the management of the complainant’s daughter’s case. Part of the complaint is late and there are no grounds to investigate it now. We will not investigate the later matters because they can be considered in Court, or are closely related to matters the Court will decide.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council’s social workers have been at fault in the management of his daughter’s case.

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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 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)
5. 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 or continue with an investigation if we think the issues could reasonably be, or have been 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

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

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My assessment

8. Mr X’s daughter was a Child in Need until her case was closed by children’s services in 2023. She is now the subject of private law proceedings relating to contact. Mr X is critical of the actions of the Council’s social workers throughout their involvement with his daughter, who he feels failed to properly address his concerns about her welfare.
9. The Ombudsman will not investigate Mr X’s complaint. The evidence shows that his complaints about the Council’s actions in 2022 were responded to by the Council, which informed him of his right to come to the Ombudsman. His complaint about these actions is late. Late complaints are when someone takes more than 12 months to complain to us. There are no grounds for us to investigate these matters now.
10. Since 2023 the Council’s involvement has been restricted to matters relating to contact and the production of a Section 7 report for the Court. By law, we cannot investigate anything related to the production or content of the Section 7 report, which is the property of the Court. The legal action relates to contact, and Mr X’s views on what social workers have done are not separable from the matters the Court will decide. That being the case, the Ombudsman cannot intervene.

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Final decision

11. We will not investigate Mr X’s complaint. His complaint about the earlier matters is late and there are no grounds to investigate it now. The later matters may be considered in Court or are closely related to the matters the Court will decide.

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Investigator's decision on behalf of the Ombudsman