Summary: We will not investigate this late complaint about the Council’s handling of concerns about Mr X’s children. This is because the actions of the Council relate to the conduct of court proceedings about Mr X’s access to his children. They either were or could reasonably have been raised in court.

The complaint

1. Mr X complains the Council did not take action to safeguard his children when he raised concerns in 2017, 2018 and 2021, which impacted on the reports the Council produced for the court. He says this has led to the breakup of his family and his contact with his children.

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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 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)
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)

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How I considered this complaint

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

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Final decision

7. We will not investigate Mr X’s late complaint because the matters complained of are closely linked to court proceedings concerning access to his children. They either were or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman