Summary: We cannot investigate this complaint about court proceedings in 2012 regarding the complainant’s child. This is because the matters have been considered in court and it is a late complaint.

The complaint

1. The complainant, Ms X, says the Council bullied, harassed and intimidated her in 2012 when it fabricated evidence and took her to court. Ms X says the Council wrongly accused her making up her child’s illness; a scan subsequently showed the child has a medical condition. Ms X wants an apology and compensation.

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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 Ms X and the Council. I also considered our Assessment Code.

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My assessment

6. In 2024 Ms X complained to the Council about events in 2012 which led to her being taken to court regarding her child. Ms X says the Council fabricated the case against her and took her to court. Ms X says the Council made false allegations that she had made up her child’s illness. Ms X says a scan later showed the child has a medical condition. Ms X says she delayed complaining because she thought the Council might take her child away out of spite.
7. The Council declined to accept the complaint because it is more than 12 months old.
8. The law says we cannot investigate a complaint when the matter complained of has been considered in court or has formed part of legal proceedings. Ms X says the Council took her to court so we have no power to start an investigation.
9. I also will not start an investigation because it is a late complaint. I do not know when Ms X received the scan results but the context of the complaint suggests it was many years ago. I appreciate Ms X says she was fearful to make a complaint earlier, but it is difficult to investigate historic complaints when there are likely to be limited records and different polices and procedures. And, as I have said, as the case went to court, we could not start an investigation even if the complaint was not late.

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Final decision

10. We cannot investigate this complaint because the matter formed part of legal proceedings and it is late.

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Investigator's decision on behalf of the Ombudsman