Summary: We will not investigate Mr X’s late complaint about the Council’s handling of his child’s case between 2018 and 2019. The issues raised are closely connected to court proceedings about care arrangements for Mr X’s child. There are no good reasons to exercise discretion to investigate this late complaint now. Further, the existence of court action creates a permanent and absolute legal bar that prevents us from investigating the matter.

The complaint

1. Mr X complains the Council failed to act in his child’s best interests between 2018 and 2019. It pushed for his child’s adoption when he and his mother had offered to care for his child. Mr X was later granted custody of his child. He believes the Council’s mishandling caused unnecessary delay in his reunification with his child. He wants a full review of the Council’s handling, an apology and compensation for the injustice caused.

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The Ombudsman’s role and powers

2. 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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 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

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

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My assessment

7. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X has been aware of these matters since at least 2019 when court proceedings about his child’s care arrangements took place. Mr X has explained the stress of the situation at the time meant he felt unable to pursue his concerns further with the Council. While I am sympathetic to Mr X’s obvious distress at the time, I am not satisfied this appropriately justifies a delay of more than six years in bringing the matter to our attention. I am not persuaded Mr X could not have, either personally or with support from another party, brought his complaint to us within 12 months of the Council’s correspondence with him in 2019. For these reasons, I will not exercise discretion to investigate this late complaint now.
8. Even if we did exercise discretion to investigate this late complaint, the law prevents us from becoming involved in matters that have been the subject of court proceedings. The issues raised are intrinsically linked to matters that have been considered by the courts so we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it late and the issues raised are too closely linked to court proceedings which we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman