The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s child protection investigation and involvement with Mr X and his family. This is because the complaint concerns events that took place more than 12 months ago; it would have been reasonable for Mr X to bring the complaint to us at the time.
The complaint
Mr X complained that the Council conducted a biased and improper child protection investigation after an allegation was made against him.
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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In late 2021 an allegation was made against Mr X which resulted in his arrest. The Council began an investigation which resulted in Mr X’s child being placed on a child protection plan and Mr X’s contact with the child being restricted.
Mr X complained to the Council in early 2024 about the investigation, stating that it was unfair and biased. He said he had delayed bringing the complaint because he needed the Police to conclude its investigation and he wanted to give the Council the opportunity to change its position. The Council would not investigate as the complaint was late. Mr X then brought his complaint to the Ombudsman.
The Ombudsman will not usually exercise discretion to investigate matters that took place more than 12 months before the complaint is brought to us, unless there are good reasons for the delay. In this case Mr X has been aware of this matter for several years. He could have brought the complaint to us at the point the Council had been dealing with it for 12 weeks however he did not do so. Given the amount of time that has passed since these events took place, it would have been reasonable for Mr X to bring the complaint to us much sooner.
Final decision
We will not investigate Mr X’s complaint because the complaint concerns events that took place more than 12 months ago; it would have been reasonable for Mr X to bring the complaint to us at the time.
Investigator's decision on behalf of the Ombudsman