Summary: We will not investigate Miss X’s complaint about the Council’s child protection involvement with her family following her son’s death in 2016. The complaint lies outside our jurisdiction because it is late and there are not good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Miss X, complains about matters relating to the Council’s child protection involvement with her family, following her baby son’s death in 2016.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complains about the Council’s child protection involvement with her family following her baby son’s death from natural causes in early 2016. Miss X says they felt bullied and abused by the Council.
7. Miss X complained to the Council about these matters in 2016. The complaint completed the Council’s complaints procedure in mid-2018. Miss X was then clearly signposted to this office if she remained dissatisfied and was informed of the 12 month time limit for making a complaint.
8. The law says complaints should be made to us within 12 months of a person first becoming aware of the matter.
9. In 2018, the Council told Miss X it would not consider further issues she raised about 2016 events because the complaint was late and it would not be able to carry out a fair and effective investigation due to the relevant officers no longer working with the Council. The same restrictions would also apply to an investigation by this office now another four years on. Given the passage of time it is unlikely we would be able to reach a fair and reliable view on 2016 events now, further to that provided by the Council’s investigation at the time.
10. One of the outcomes Miss X seeks in making this complaint is disciplinary action to be taken against staff. This is not an outcome that could be achieved via an investigation even if the complaint was in time as disciplinary matters are outside our remit.

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Final decision

11. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are not good grounds to consider this very late complaint now.

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Investigator's decision on behalf of the Ombudsman