Summary: We will not investigate this complaint about the Council’s handling of care arrangements for a child. This is because the complaint is late and there is no good reason to investigate it now.

The complaint

1. The complainant, Ms X, complains about the Council’s handling of care arrangements for her child prior to 2022. Ms X also complains the Council has declined to consider her recent complaint on the grounds that it relates to historic matters.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s child lived with her until November 2021, when he went to live with his father. Ms X complains the Council failed to take any action to return the child to her care and she has had no meaningful contact with the child since. She says Council officers did not behave in a professional manner and created barriers when she tried to complain.
6. The Council ceased involvement in the care of the child in 2022. The events Ms X complains about occurred prior to 2022. She has recently complained to the Council about these matters but the Council has declined to consider her complaint.
7. This complaint is late and there are no good reasons Ms X could not have contacted the Ombudsman sooner with her concerns. We therefore will not investigate this complaint.
8. Had the complaint not been late, it is unlikely the Ombudsman would be able to investigate the matters. Ms X’s course of redress would have been courts if a Care Arrangements Order was not being followed. As it was, the young person here reached the age where they were able to decide where they live and there is nothing to suggest they lacked the capacity to make this decision.
9. As the substantive matter does not fall to be investigated, we will not consider how the Council considered a complaint about it.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman