The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council failing to safeguard his aunt, Miss Y. This is because it is late and there are no good reasons why Mr X did not complain sooner.
The complaint
Mr X complained the Council failed to safeguard his aunt, Miss Y, from abuse. He said it caused his aunt continuous harm and it caused him distress and frustration. He wants the Council to acknowledge it acted with fault.
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 provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assesssment Mr X said in 2020, he told the Council his aunt, Miss Y, was not safe living in her home. He said his aunt was being abused by the people living with her and people were using drugs and selling them at the premises. Mr X said despite this, the Council only visited his aunt three times within a three-year period.
We will not investigate this complaint. This is because the complaint is late. We expect people to complain to us within 12 months of them becoming aware of the matter complained of. Any complaint made after 12 months is late. There are no good reasons why Mr X did not complain to us sooner.
Final decision
We will not investigate Mr X’s complaint because it is late and there are no good reasons why he did not complain sooner.
Investigator's decision on behalf of the Ombudsman