Summary: We will not investigate this complaint about the Council’s child in need assessment. The complaint is late. In addition, there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about how the Council completed a child in need assessment. He said:
• There was a conflict of interest with the allocated Social Worker.
• In its assessment, the Council labelled him as a domestic abuser. He said there was no Police evidence to support that allegation.
• The Council did not allow him to record a meeting. He said in that meeting a Council Officer called him a domestic abuser.
2. Mr X said the Council’s actions caused his health to decline. He wants the Council to complete a new assessment and review any allegations of domestic abuse. He wants it to apologise for its failings and financially compensate him.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

9. The Council completed the child in need assessment at the end of 2021. Mr X complained to the Ombudsman at the start of 2024. We expect a person to complain to us within twelve months of the matter they are unhappy with. I am satisfied it was reasonable for Mr X to complain to us sooner. Therefore, his complaint is late, and we will not investigate.
10. In any event, even if the complaint was not late, we would not investigate. That is because:
• The Council has considered all available information around the potential conflict of interest. It said why it disagreed with Mr X. There is not enough evidence of fault in how it made its decision to justify our involvement.
• The Council’s child in need assessment included the views of both parents. The Council did not label Mr X a domestic abuser, but included information shared by Ms Y. We would expect the Council to include that information in its assessment. There is not enough evidence of fault to justify our involvement.
• In its complaint response, the Council said it did not allow Mr X to record the children’s service meeting because of confidentiality and the sensitive nature of information discussed. There is not enough evidence of fault in how the Council took that decision to justify our involvement. Although Mr X is unhappy with how he was spoken to in that meeting, given the passage of time this is not a matter we could robustly investigate.

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Final decision

11. We will not investigate Mr X’s complaint because it is late. In addition, there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman