Summary: We will not investigate this complaint about how the Council supported Mrs X when her child was on a child protection plan. Most of the complaint is late and further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained about how the Council supported her when her child, Y, was on a Child Protection Plan. She said the Council did not understand domestic abuse and dismissed evidence it occurred in her previous relationship. She said it disclosed information to her ex-partner about her reports of emotional abuse and her concerns about the risk he posed to Y.
2. Mrs X said the Council failed to share meetings of minutes; delayed in completing a parental assessment and failed to tell her that it had closed its involvement with the family as a Child in Need.
3. She said the Council also shared her personal information including contact details with her ex-partner.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

7. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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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 Mrs X’s complaint about the Council. Most of the events she complained of occurred between 2021 and 2022. She did not complain to the Ombudsman until the end of 2023, therefore her complaint is late. We have discretion to set aside this restriction where there are good reasons. In this case, I have decided not to exercise discretion because:
• The Council’s complaint response confirmed that Mrs X raised concerns around some areas of practice at the time and these were discussed with her. This included the Council’s assessment Mrs X and Y were not at risk from her ex-partner. If Mrs X was unhappy with how the Council considered her concerns, it was appropriate for her to complain at that time.
• Some of Mrs X’s complaints relate to social worker practice, what they said to her and how they made her feel. The social workers have left the Council. Therefore, it has not been possible for the Council to interview them to explore the issues Mrs X raised. Therefore, it is not possible to robustly investigate what happened and come to a meaningful outcome. In addition, Social Work England are best placed to consider complaints around social workers’ professional practice.
• The Council did apologise for failings in its processes including delays in circulating minutes, and ensuring meeting minutes were completed after the final Child in Need meeting. As the Council has apologised, there is no outstanding injustice. Further investigation would not lead to a different outcome.
11. Mrs X also complained the Council shared her personal information with her ex-partner. The Information Commissioner’s Office is best placed to deal with any complaints around breaches of personal information.

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Final decision

12. We will not investigate Mrs X’s complaint because most of it is late and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman