The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions in placing the complainant’s children with her mother. The complaint is late and there are no grounds to consider it now.
The complaint
The complainant, who I will refer to as Miss C, complains that the Council was at fault in the process of the removal of her children from her care.
The Ombudsman’s role and powers
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. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss C’s children have been placed in her mother’s care. Miss C says the Council was at fault in the process of assessing her and in removing the children. She wants the Council to accept that she was not treated properly. She also wants the children returned to her care.
The Ombudsman will not investigate Miss C’s complaint. The evidence the Council has provided shows that the children were placed with Miss C’s mother in 2020. The complaint about this is therefore late. Late complaints are where someone takes more than 12 months to come to us.
Miss C says she has not pursued the matter before now because her solicitor told her not to do so until legal action was concluded. This does not provide grounds for us to use our discretion to investigate the complaint now. This is because the matter has been tested in court. The law says the Ombudsman cannot investigate matters which have been decided in court. We could not comment on whether the care arrangements for the children are appropriate, and we cannot achieve what Miss C wants.
Final decision
We will not investigate Miss C’s complaint because it is late and there are no grounds to consider it now.
Investigator's decision on behalf of the Ombudsman