Summary: We will not investigate this complaint about the support provided by the Council’s Childrens Services. That is because most of the complaint is late, and it was reasonable for the complainant to raise concerns as part of court proceedings.

The complaint

1. Ms X’s complaint to the Council was made as part of a group complaint in 2022. This complaint focused on the wider culture of the Council and the actions of Council Officers involved in the complainants’ cases. It also related to concerns about how the Council had dealt with Subject Access Requests (SARs).
2. Ms X specifically complained about the support she received from the Council before and after her child, Y was removed from her care. She said the Council had not helped her maintain a bond with Y and delayed in arranging contact after Y was taken into care. She said when the Council arranged contact, there was insufficient resources available at the contact centre.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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)
6. 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))
7. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not investigate Ms X’s complaint about the support provided by the Council. Ms X’s complaints are about the Council’s actions between 2016 and 2021. Ms X did not complain to the Ombudsman until October 2023. We expect a person to complain to us within 12 months of issue. Therefore, most of this complaint is late. If Ms X was unhappy with the support she received from the Council it was reasonable for her to complain to both the Council and us sooner.
11. In addition, Y has been subject to care proceedings. We cannot investigate any matters that have been considered by the Court. If Ms X was unhappy with any support provided by the Council, it was appropriate for her to raise these as part of care proceedings.
12. The Council has investigated the wider themes of the group complaint around professional practice, the quality of the contact centre and reports of gaslighting type behaviour. The Office for Standard in Education, Children’s Services and Skills (OFSTED) inspects children’s services. It is best placed to consider wider thematic concerns about the Council’s social work practice. If Ms X remains dissatisfied with a particular social worker’s conduct, these concerns are best dealt with through Social Work England.
13. We will also not investigate Ms X’s complaint about how the Council has dealt with historical SARs. Not only is this complaint late, but the Information Commissioner’s Office (ICO) is best placed to deal with complaints around how organisations respond to requests for personal information.

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Final decision

14. We will not investigate Ms X’s complaint because most of it is late, or it would have been reasonable for Ms X to raise her concerns as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman