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 some of the action complained of is about the conduct of court proceedings, which could reasonably have been raised in court. We also will not consider the Council’s complaint handling where we are not investigating the substantive matter.

The complaint

1. Miss X is unhappy the Council has refused to consider her complaints about its handling relating to concerns about her children. She wants the Council to prevent its workers from lying in court and causing family alienation.

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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. Miss X complained to the Council about its involvement with her children and the way in which it presented information in court proceedings involving her children’s care. The Council has been involved with Miss X’s family for the last ten years.
8. The Council explained it would not investigate complaints about its handling of her children’s case, because such complaints were late. It also explained concerns about the conduct of court proceedings should have been raised in court at the time. The Council noted Miss X attended the court hearings about her children and had legal representation.
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 since it became involved with her family 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 Miss X’s concerns about the Council’s refusal to consider her complaints.

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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.

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Investigator's decision on behalf of the Ombudsman