The Ombudsman's final decision
Summary: We will not investigate part of Mr X’s complaint about the removal of his child in early 2023 because the claimed injustice is not significant enough. We will not investigate Mr X’s complaint about the conduct of a social worker because the matter would be better considered by Social Work England.
The complaint
Mr X complained the Council: removed his child, Y, from the care of their mother in early 2023 without a court order or valid parental consent; and failed to investigate his concerns about the professional conduct of a social worker when removing Y.
Mr X said the matter caused him distress and frustration.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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
Late complaint The issues Mr X complained about happened in February 2023. Mr X did not complain to the Ombudsman until October 2025. Mr X was aware of the issues at the time. The complaint is therefore older than 12 months and is late.
However, during the period between the issue complained about and Mr X complaining to the Ombudsman, court proceedings took place. Consequently, I consider there are good reasons Mr X did not complain sooner and so I exercised discretion to consider the complaint.
Removal of Y in early 2023 Mr X complained the Council removed Y from their mother’s care without a court order or valid parental consent.
In its complaint response, the Council said it acted following legal advice due to concerns for Y’s safety. It explained a court hearing took place the next day. Y did not return to the care of either Mr X or their other parent.
We will not investigate this complaint. The injustice claimed is not significant enough to warrant an investigation by the Ombudsman. Any uncertainty caused about whether the correct process was followed or whether Y should remain in the care of either parent was resolved within a day when the matter was ultimately decided by a court. Therefore, we will not investigate this complaint.
Conduct of the social worker We will not investigate this complaint. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
Final decision
We will not investigate Mr X’s complaint. The claimed injustice for part of the complaint is not significant enough to warrant an investigation, and the remaining issues are better considered by another body.
Investigator's decision on behalf of the Ombudsman