The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s child protection investigation. The complaint is late and there is no good reason to exercise discretion to investigate it now.
The complaint
Ms X complains that the Council acted inappropriately in the way it responded to a referral about her children’s welfare. She says that the Council failed to take account of her health conditions.
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
Ms X complained to the Council in March 2025 about child protection matters which happened in 2023. She also complained about a visit from a social worker in February 2024 which the Council says Ms X agreed to. Ms X has health conditions which make it difficult for her to speak and has asked for communication to be in writing. Ms X says the Council discriminated against her because of her health condition.
The Council said it would not investigate Ms X’s complaint because more than 12 months had passed and because her case was closed and is now with another Council.
I will not investigate Ms X’s complaint because it is made late. Ms X had been in contact with the Council between 2023 and the time of her complaint in 2025 and I can not see a reason why she could not have complained earlier.
Final decision
We will not investigate Ms X’s complaint because it is late and there is no good reason to exercise discretion to investigate.
Investigator's decision on behalf of the Ombudsman