The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the Council’s Children’s Services officers in relation to the care of the complainant’s children. This is because the complaint is late and there are no grounds for us to investigate it now.
The complaint
The complainant, Miss X, complains that the Council’s Children’s Services officers were at fault in their actions in relation to her children’s care, and that the Council has refused to accept and respond to her complaint about the matter.
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
Since 2021, Miss X’s children have been the subject of child protection and child in need action. They were also placed in the Council’s care by the Court. Miss X says her children’s case was closed by the Council in June 2023.
Miss X complains that the Council was at fault throughout the period. She says its failures have caused the children and other family members significant distress, and she has suffered financial loss.
Miss X made a formal complaint to the Council. The Council has declined to consider it, using the discretion available to it to refuse to accept complaints about matters which are more than 12 months old. Miss X believes this decision is unreasonable. She says she delayed complaining because she was afraid the complaint would be used against her. She also argues that the 12-month period had not elapsed when she made her complaint.
The Ombudsman will not investigate Miss X’s complaint because it is late. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. The complaint document Ms X has provided concerns events which took place in 2021, 2022 and the early part of 2023. So, the Council is correct to say that the events took place more than 12 months before she complained. The fact that the case stayed open to Children’s Services until June 2023 is not relevant.
Miss X’s decision to delay making the complaint to the Council until 11 months after the case closed is a matter for her, but does not provide grounds for us to investigate.
Final decision
We will not investigate Miss X’s complaint because it is late and there are no grounds to consider it now.
Investigator's decision on behalf of the Ombudsman