Summary: We will not investigate this late complaint about the way the Council has dealt with Miss X’s niece since she was placed in care. We could not add to the Council’s response and the law prevents us from investigating anything that has happened in court.

The complaint

1. Miss X complains about the Council’s assessment of her as a potential carer for her niece in October 2023. She also complains about the Council’s decision to seek adoption of her niece, rather than allow for her to be cared for by her father, Miss X and the rest of their family. Miss X wants the Council to reassess her as a carer for her niece.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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 has explained it is too late for it to investigate and respond to Miss X’s complaints about the assessment it completed in October 2023 as a potential carer for her niece. It told her it could not resolve matters through its complaint procedure because arrangements for her niece’s ongoing care have been the subject of court proceedings. The Council has advised Miss X that she and her brother would need to seek independent legal advice if they want to challenge any decisions made by the courts in respect of her niece’s care.
10. The Council also explained it could not provide Miss X with detailed information about her niece as she does not have parental responsibility or consent from her brother to act on his behalf. The Council told Miss X it would contact her brother about the matter given her concerns.
11. We will not investigate Miss X’s complaint because the matters complained of are closely linked to court proceedings. They either were or could reasonably have been raised in court. The law prevents us from investigating complaints about what happened in court, including what information councils provide during proceedings.
12. We usually expect people to complain to us within 12 months of the events they are complaining about. Any issues Miss X has about the Council’s assessment of her as her niece’s potential carer are too late to bring to us now.

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Final decision

13. We will not investigate Miss X’s complaint because is late and relates to matters that have been the subject of court proceedings. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the child’s best interests and any matters in dispute.

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Investigator's decision on behalf of the Ombudsman