The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker relating to Mr X’s intention to take a child overseas more than 15 years ago. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council sought a care order, so the involvement of a court means we cannot investigate. Even if that were not so, the complaint is late and there would be no good reason to exercise discretion to investigate it now.
The complaint
Mr X said a social worker threatened he would seek a care order if Mr X sought to take one of his children overseas. He says this scared him and after a while an interim care order was issued.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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.
Final decision
We will not investigate Mr X’s complaint because: the matter of which Mr X complains is not separable from court action in the form of a care order, and as such we cannot investigate it; and even if that were not so, it would have been reasonable for Mr X to have complained to us much sooner, and there would be no good reason to exercise discretion to investigate his complaint after more than 15 years.
Investigator's decision on behalf of the Ombudsman