Summary: We will not investigate Mr X’s complaint about the Council’s handling of child protection matters involving his child. This is because some of Mr X’s complaints are late, we cannot add anything to the investigation the Council has already carried out and cannot achieve the outcomes Mr X wants.

The complaint

1. Mr X complains the Council has failed to properly consider his concerns about welfare of his child while in the care of their other parent. Mr X is also unhappy the Council has not provided a statement to support his claim for legal aid as a victim of domestic abuse. Mr X says his concerns about his child’s welfare date back to 2019. He wants the Council’s reports about his child discredited and for it to take his concerns about their welfare seriously.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

8. Mr X says he has had concerns about the Council’s handling dating back to 2019. Mr X brought a complaint to us in 2022, which we referred back to the Council to give it the opportunity to investigate and respond as required by law.
9. We usually expect people to complain to us within 12 months of the events they are complaining about. Any issues Mr X continues to have about the Council’s handling that occurred more than 12 months prior to him bringing his latest complaint to us are now late. I have seen no evidence to suggest Mr X could not have brought his concerns back to us sooner, so I will not exercise discretion to investigate those late complaints now.
10. Mr X shares custody of his child, Child Y, with their other parent. The Council placed Child Y on a child protection plan due to safeguarding concerns. In late 2023, the Council decided Child Y no longer met the threshold for child protection and they were stepped down to a Child in Need plan. Mr X complained the Council failed to involve him in this decision and requested a meeting with the Council about this.
11. Mr X made a stage one complaint to the Council in Spring 2024. It met with him and a relative supporting him shortly after this spent a considerable amount of time discussing his ongoing concerns about Child Y’s welfare whilst in their other parent’s care. Mr X also raised concerns the Council had reneged on a promise to confirm he was the victim of domestic abuse by Child Y’s other parent, so he could obtain legal aid. The Council agreed to undertake a further visit to Child Y to check whether it needed to take any further action.
12. The Council responded to Mr X’s stage two complaint in Autumn 2024. It explained the additional action it had taken to investigate Mr X’s ongoing concerns about Child Y’s welfare. The Council apologised for the times when its communication with Mr X had been poor, such as when it committed to providing a statement to support his application for legal aid as a victim of domestic abuse. The Council considered there was insufficient evidence to support Mr X’s allegation of domestic abuse to justify completing the legal aid forms for him. The Council apologised Mr X was unable to attend the meeting where it decided to step down Child Y to a Child in Need plan. The Council explained it did not need parental agreement to step down or escalate any case as the decision to do so lay with the Council’s Social Care Team.
13. The Council has responded to Mr X’s complaints in detail and upheld it in part. It has taken further action to consider Mr X’s ongoing concerns and explained the wider learning and action it has taken as a result of his experience. The Ombudsman will not normally investigate a complaint which has already been substantially upheld. It is not a good use of public money to do so. In this case, the question for us is whether our intervention would add anything to the investigation the Council has carried out. There is nothing to suggest that it would do so.
14. The Council’s findings under both stages of the complaint procedure are proportionate and defensible, and the actions it has taken appear reasonable in the circumstances. That being the case, it is not for the Ombudsman to criticise the merits of the findings or intervene to substitute an alternative view. Our intervention would not lead to a different outcome and is not warranted.

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Final decision

15. We will not investigate Mr X’s complaint because we would not add anything significant to the investigation which has already been carried out.

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Investigator's decision on behalf of the Ombudsman