The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in the care of Ms X’s grandchild. This is because it is a complaint about the start of court proceedings or what happened in court. It is also made late.
The complaint
Ms X complains about the actions of the Council’s children’s services in regard to court proceedings the Council commenced in 2022 to determine the care if Ms X’s grandchild. Ms X complains about the Council’s actions prior to and during those proceedings.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Ms X’s complaint because it is about the start of court proceedings or what happened in court.
Even if there were elements that I would separate from the proceedings I would not investigate them now. This is because the issues raised happened too long ago and I see no good reason why Ms X could not have come to the Ombudsman sooner.
Final decision
We will not investigate Ms X’s complaint because it is about the start of court proceedings or what happened in court. The complaint is also late.
Investigator's decision on behalf of the Ombudsman