Summary: We will not investigate Miss X’s late complaint about the Council’s refusal to consider her complaints relating to concerns about her children. This is because the action complained of formed part of court proceedings and could reasonably have been raised in court. We also will not consider the Council’s complaint handling when we are not investigating the substantive matter.

The complaint

1. Miss X complains the Council ignored her concerns about placing one of her children in their other parent’s care when she had evidence of abuse. Miss X wants the Council to admit its errors in her children’s case and to pay compensation for the distress caused.

Back to top

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)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X complained to the Council about its involvement with her children. In particular, she was unhappy with its decision to place one of her children in their other parent’s care, who was known to be abusive.
8. The Council explained it would not investigate Miss X’s late complaints as these related to matters that had occurred in May 2022. The Council explained Miss X could have raised these issues in court proceedings at the time. It also suggested Miss X could seek independent legal advice if she wished to return to court about these issues.
9. 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.
10. 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 handling in May 2022 are too late to bring to us now. I have seen no evidence to suggest Miss X could not have brought her concerns to the Council or us sooner, so I will not exercise discretion to investigate this late complaint.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. This is why we will not investigate any concerns Miss X has about the Council’s refusal to consider her complaints.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because it is late and relates to the Council’s conduct in court proceedings, which could reasonably have been raised in court.

Back to top

Investigator's decision on behalf of the Ombudsman