Watchdog cannot investigate complaint

The parent, known only as “Mr X” in the Local Government and Social Care Ombudsman report, says his child, “D”, was “physically harmed” by another child.

He then argued that the perpetrator, “Z”, who is under the age of 10, should be prevented from attending the same school as his child.

In a report, the LGO investigator says Mr X’s complaint about Z was concluded in 2017 and his complaint to the Ombudsman was made more than a year later, breaking their normal 12-month rule.

The report says: “In April 2017, Mr X says a child, Z, physically harmed his child, D, whilst they were playing together at Z’s house.

“Mr X had contact with the council’s children services team over the following months about supporting D in dealing with the experience. D received some counselling.

“In July 2018, Mr X reported concerns about Z’s care.

“He told the council his concern that Z could, in the future, attend the same school as D. His concern is for D’s safety.

“He believes Z should be treated in the same way as if an adult had harmed D. He believes an adult perpetrator would not be allowed in D’s school.

“Z is under the age of criminal responsibility.”

The age of criminal responsibility in England and Wales is 10 years old, meaning those younger than that cannot be charged with a crime.

The LGO investigator adds: “The council closed its social care case.

“It replied to Mr X’s complaint, made in December 2018, with a 10-page detailed letter in January 2019.

“It says it cannot prevent Z from attending the school Mr X would prefer D to attend.”

The Ombudsman’s report writes that it does not normally investigate complaints about events from more than a year ago, and says there are “not compelling reasons” to waive that rule.

“There is a clear break in contact about this in November 2017,” the report says, acknowledging Mr X contacted Shropshire Council’s social services to report concerns about Z’s care in July 2018, but calling this “a related but separate request”.

It adds: “I am not confident there is a realistic prospect of reaching a sound, fair and meaningful decision. Events have moved on, and Mr X says D no longer needs more support from the council’s child services team.”

The investigator adds that the school Mr X believes D and Z could end up attending together is an academy, and, as such, the LGO does not have the power to investigate its admissions procedures.