The Ombudsman's final decision
Summary: We cannot investigate this complaint about child protection action in 2018. The matters complained of are not separable from those that those that were subject to court action. The complaint is also late, and there would be no good reason to exercise discretion to investigate it even if there had been no court action.
The complaint
Mr X said the Council made several significant errors before and after removing his child.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint correspondence provided by Mr X shows there was court action by the Council about the care of his child in 2018.
This correspondence also shows Mr X was able to complain about this in early 2019.
Final decision
We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that formed part of court action.
Even if that were not so, Mr X was able to complain to the Council in 2019 and could have approached us sooner, so there would be no good reason to exercise discretion to investigate the late complaint.
Investigator's decision on behalf of the Ombudsman