Summary: We will not investigate Ms X’s complaint about matters related to the Council’s handling of her son’s case in 2011. Ms X’s complaint is late with no good reason to exercise discretion.

The complaint

1. Ms X complains the Council’s social workers produced false and defamatory court reports during its involvement in her son’s case in 2011. She is unhappy with the Council’s handling of her complaint of 2024.

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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)

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How I considered this complaint

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

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My assessment

7. I will not investigate Ms X’s complaint because it is late. Ms X complains of matters that took place in 2011. She complained to us in February 2025. There are no good reasons why Ms X could not have complained to us within 12 months. Further, we have no jurisdiction to look at reports which form part of court proceedings, including its content and preparation.
8. Ms X complained to the Council again in 2024. It would not be a good use of public money to look at the Council’s handling of that complaint when I will not investigate the substantive matter.

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Final decision

9. We will not investigate Ms X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman