The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to review contact restrictions placed on the complainant in 2014. This is because the events happened too long ago, and the matter could have been raised sooner.
The complaint
The complainant, who I will call Mr X, complains that the Council failed to carry out a review of contact restrictions that it placed on him in 2014. Mr X says he has recently contacted the Council who have said there are no restrictions in place and it did not hold any records in relation to any review.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate this complaint because the events happened too long ago. I see no reason why Mr X could not have contacted the Council sooner if he was concerned that his contact restrictions had not been reviewed.
Furthermore, the Council have said that it does not hold any records in relation to the restrictions. This likely due to the length of time that has passed. I therefore cannot see any realistic prospect of us being able to carry out a meaningful investigation and reach a fair and sound view on the matter now.
Final decision
We will not investigate Mr X’s complaint because the events happened too long ago and I see no good reason to investigate them now.
Investigator's decision on behalf of the Ombudsman