Summary: We will not investigate Ms X’s complaint about the conduct of a Council social worker because it is late.

The complaint

1. Ms X complained that a Council social worker:
• did not record safeguarding concerns reported to them, nor did they signpost Ms X to its children’s social care team;
• advised her former partner, Mr Y, in January 2023, not to continue paying the agreed child maintenance, which allowed him to financially abuse her;
• pressured Ms X to change what she said in her divorce application because it showed Mr Y in a poor light and said, if she didn’t make the changes, she risked having her child removed by the Council.
2. Ms X said the social worker’s actions caused her stress and worry, and meant she lived with Mr Y longer than she might otherwise have done. She said the Council had not acted in the best interests of her or her child.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. 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 cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

What happened

8. Ms X said she first reported concerns about Mr Y in 2017 and reported further concerns in 2020. She said the Council had suggested a parenting course for Mr Y in 2022 but this did not happen. Ms X said that, at a meeting in early 2023, the social worker confirmed they had not recorded the concerns Ms X had raised.
9. Ms X complained to the Council in July 2023. The Council said it could not investigate her complaint because the social worker was off sick but would investigate if they returned to work. Mrs X complained again in July 2024. The Council responded that the social worker had not returned to work after a period of leave.

My assessment

10. We usually expect people to complain to us within 12 months of the events complained about. Ms X was aware in March 2023 the social worker had not recorded her concerns and was aware of the other issues before that. She did not complain to us until September 2024. There is no evidence to suggest Ms X could not have complained to us sooner. Therefore, we will not exercise discretion to investigate this complaint, which is late.
11. In any case, we could not achieve the outcome Ms X wants, which is for the social worker to be held personally accountable for their failure to act. And it is unlikely we could achieve a worthwhile outcome, given the lapse of time.
12. Ms X complained to the Council in July 2023 and again in July 2024. The Council was not able to investigate fully because the social worker was initially off sick and then left its employment. We do not investigate a council’s complaints handling unless we are also investigating the underlying complaint.

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Final decision

13. We will not investigate Ms X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman