The Ombudsman's final decision
Summary: We will not investigate this complaint about safeguarding Miss X’s child. The complaint is late and there is no good reason to exercise discretion to consider it now.
The complaint
Miss X said her young child was harmed in a foster placement.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X provided a copy of the Council’s refusal in April 2024 to accept her complaint. The Council’s letter stated what happened in the foster placement had already been investigated as a child protection issue and that it had told Miss X on 1 March 2023 not to take any further action, and confirmed this by email.
Miss X approached us at the end of April 2024. She did not claim she had had no decision from the Council, but instead made specific allegations about her child’s time in foster care. I therefore consider she was aware of the Council’s position in March 2023 and could have approached us much sooner after the Council’s decision to take no further action.
Final decision
We will not investigate Miss X’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman