Summary: We will not investigate this complaint about the Council’s failure to register Mrs X as her former foster daughter’s nearest relative. This is because this is a late complaint and there is no good reason for us to investigate now.

The complaint

1. Mrs X complains the Council failed to register her as her former foster daughter’s (Y) nearest relative under Mental Health Act 1983. Mrs X says she provided information to the Council about this in 2016 and 2017 but only discovered the application had not been completed when Y was sectioned in 2021.
2. Mrs X says the Council’s actions have caused her embarrassment as she has been informing professionals she is Y’s nearest relative since 2016.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has provided us with e-mails and letters from 2016 and 2017 between herself, the Council and other health professionals. These documents show that an application for her to become Y’s nearest relative was under consideration and there is an indication that there were delays around this at the time. Mrs X has not provided any documentary evidence to show she was informed the application had been successful at the time.
8. Mrs X was aware there were delays with the application for her to become Y’s nearest relative in 2016 and 2017. She did not complain to the Ombudsman until December 2021. Whilst I understand Mrs X says she was not aware that she had not been registered as Y’s nearest relative until September 2021 she was aware of delays and issues with the application in 2016 and 2017. Therefore this is a late complaint.
9. We have the power to disregard this restriction where there are good reasons. I can see no reason why Mrs X could not have raised a complaint about this in 2016 and 2017 when she was aware of issues with the application. The Council has also agreed to progress the application now. Even if we found fault this would likely be the outcome we would achieve. Therefore, there is no good reason for us to investigate this late complaint now.

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Final decision

10. We will not investigate Mrs X’s complaint because it is a late complaint and there are no good reasons for us to investigate now.

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Investigator's decision on behalf of the Ombudsman