South Tyneside Metropolitan Borough Council (25 005 679)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 02 Sep 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint in 2021/22. This is because the events complained about took place more than 12 months ago and it would have been reasonable for Mr X to bring this complaint to us at the time.

The complaint

  1. Mr X says his complaint about the conduct of a social worker in 2021 was not addressed properly by the Council.

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The Ombudsman’s role and powers

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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complains about the unprofessional conduct of a social worker in 2021. Mr X says the social worker acted unprofessionally by turning up to a building where Mr X volunteers.
  2. We will not investigate. The Ombudsman will not usually exercise discretion to investigate complaints that took place this long ago unless there are good reasons to do so. In this case, it would have been reasonable for Mr X to bring these complaints to us at the time. Given the length of time that has passed since these events occurred, it would not be a good use of resources to exercise discretion to investigate this case.

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Final decision

  1. We will not investigate Mr X’s complaint because the events complained about took place more than 12 months ago and it would have been reasonable for Mr X to bring this complaint within 12 months of becoming aware of the matters now being raised to us.

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Investigator's decision on behalf of the Ombudsman

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