The Ombudsman's final decision
Summary: We will not investigate Mr X’s late complaint about the content of the Council’s report to the court about his children. The law prevents us from investigating anything that has been the subject of court proceedings.
The complaint
Mr X complains the Council failed to include serious safeguarding concerns in its section 37 report for the court in 2021. He believes his children are at continued risk of harm because of the Council’s failures. He wants a full investigation into the Council’s handling.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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 and the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because it is late and the law prevents us from becoming involved in matters that have been the subject of court proceedings. It have been reasonable for Mr X to have raised any concerns he had about any information or reports the Council prepared for the court in that forum. We have no power to intervene or make decisions in place of the court.
Investigator's decision on behalf of the Ombudsman