Leeds City Council (18 019 073)
Category : Children's care services > Adoption
Decision : Closed after initial enquiries
Decision date : 21 May 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the support offered to the complainant regarding the adoption of her son. This is because the complaint is made late, and there are no good reasons to investigate it now.
The complaint
- The complainant, who I refer to here as Mrs X, says that she was not offered the appropriate support, counselling and advice at the time of her son’s adoption in 2000, or when he made contact with her in 2017.
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 have considered the information provided by Mrs X and I have sent her a draft decision for her comments.
What I found
- Mrs X had a son in 2000 who was adopted. She says she now realises that she should have had appropriate support, advice and counselling, but that the Council did not provide of offer it.
- She says that as a result, she has suffered mental health trauma.
- After Mrs X’s son contacted her in 2017, she complained to the Council about the lack of support in 2000.
- Mrs X has now complained to the Ombudsman, about the lack of support both in 2000 and in 2017. We will not investigate it, however, as the Ombudsman cannot investigate matters known to the complainant more than 12 months previously, unless there are good reasons to do so. Mrs X knew of the matter in 2000, and was aware in 2017 of services that she says she did not access at the time of the adoption.
- Although I can understand and empathise with Mrs X’s feelings regarding the adoption, I have seen no reason to exercise the Ombudsman’s discretion to investigate the complaint now.
Final decision
- Subject to any comments Mrs X might make, my view is that the Ombudsman should not investigate this complaint. This is because it is made late and is out of jurisdiction.
Investigator's decision on behalf of the Ombudsman