The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a safeguarding referral. This is because the complaint is made late, and I see no good reason to exercise discretion and consider it now. Also, the courts are better placed to consider Mr X’s claim for damages.
The complaint
Mr X complains about how the Council’s Local Authority Designated Officer (LADO) dealt with a safeguarding referral he made in 2022. Mr X says the issue has affected his income and seeks compensation for damages.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 Mr X’s complaint. His complaint is about the actions of the LADO from 2022, so his complaint is made late. I see no good reason why Mr X could not have complained to us sooner.
Even if Mr X had complained to us sooner, we would not investigate his complaint. Mr X seeks compensation for damages, which the Council’s insurers have rejected. Only the courts can decide if the Council are liable for damages and therefore it is reasonable for Mr X to seek a remedy through the courts.
Final decision
We will not investigate Mr X’s complaint because the complaint is made late, and I see no good reason to exercise discretion and consider it now. Also, the courts are better placed to consider Mr X’s claim for damages.
Investigator's decision on behalf of the Ombudsman