The Ombudsman's final decision
Summary: We have not investigated Miss X’s complaint about the Council placing her daughter at risk of harm. The complaint is late.
The complaint
The complainant, whom I refer to as Miss X, complains that – in May 2023 – her daughter (Y) was touched inappropriately by an older child at a holiday club.
Miss X believes the Council was responsible for this, as the perpetrator was a looked-after child and the Council was responsible for placing him in the club. The Council denies this.
The Ombudsman’s role and powers
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 from Miss X and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Although the incident in question took place in May 2023, Miss X did not complain to the Ombudsman until July 2024.
This means, under the terms of the Local Government Act, her complaint is late.
There was no significant delay in the Council’s complaint-handling – Miss X had her final response, referring her to the Ombudsman, in August 2023. But she waited 11 months before complaining to us.
This, ultimately, is what has made her complaint late. And it would not be unreasonable to expect her to have approached us sooner.
Because of this, I have seen no good reason to disregard the statutory 12-month timescale, and I will not investigate Miss X’s complaint further.
Final decision
I will not investigate Miss X’s complaint.
Investigator's decision on behalf of the Ombudsman