Summary: We will not investigate this complaint about the Council’s actions regarding Miss X and her child. This is because parts of the complaint are late and there are good reasons to consider them now. Other parts of the complaint relate to matters which were subject to court action.

The complaint

1. Miss X complains the Council failed to treat her with respect when she was in a special unit for mothers and children. Miss X also complains that the Council has taken her child from her through the courts.
2. Miss X says the Council’s actions have caused her significant distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X complained to the Council about what happened in to her in the mother and child unit April 2019 and the Council responded in June 2019. Miss X complained to the Ombudsman in March 2022. Therefore this is a late complaint and we cannot investigate it.
9. We have the power to disregard this restriction where there are good reasons for doing so. However, I cannot see any reason why Miss X could not have complained to us sooner if she was unhappy with the Council’s response to her complaint.
10. We are not able to investigate complaints about the start of court action or what happened in court. This means we cannot investigate matters around Miss X’s child being removed form her care as this was a decision made by the courts.

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Final decision

11. We will not investigate Miss X’s complaint because her complaints about what happened in the mother and child unit are late and there are no good reasons for us to consider these issues now. We are also unable to investigate her complaint about her child being removed form her care as we cannot investigate matters which were subject to court action.

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Investigator's decision on behalf of the Ombudsman