Summary: We will not investigate this complaint about the Council’s involvement in the care of Ms X’s grandchild. This is because it is a complaint about the start of court proceedings or what happened in court. It is also made late.

The complaint

1. Ms X complains about the actions of the Council’s children’s services in regard to court proceedings the Council commenced in 2022 to determine the care if Ms X’s grandchild. Ms X complains about the Council’s actions prior to and during those proceedings.

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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)

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How I considered this complaint

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

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My assessment

7. I cannot investigate Ms X’s complaint because it is about the start of court proceedings or what happened in court.
8. Even if there were elements that I would separate from the proceedings I would not investigate them now. This is because the issues raised happened too long ago and I see no good reason why Ms X could not have come to the Ombudsman sooner.

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Final decision

9. We will not investigate Ms X’s complaint because it is about the start of court proceedings or what happened in court. The complaint is also late.

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Investigator's decision on behalf of the Ombudsman