Summary: We will not investigate Mrs X’s complaint about a Council officer following her daughter. The complaint lies outside our jurisdiction because it is late and I see no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Mrs X, complains a Council officer followed her daughter on two separate occasions in 2020 and 2021.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)
5. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mrs X complained to the Council on behalf of her adult daughter, Miss Y. Mrs X complained a Council officer had followed her daughter on two separate occasions in 2020 and 2021. Mrs X says she first became aware of this in late 2021. She complained to the Council about it in March 2023.
9. The Council carried out a thorough investigation of Mrs X’s allegations via its disciplinary procedure. This found no evidence to support Mrs X’s allegation that the officer had intentionally followed Miss X on either occasion.
10. This complaint lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of a person first becoming aware of the matter. Mrs X first became aware of the matter in late 2021 and did not raise her complaint to this office until August 2023. Mrs X could have been reasonably expected to have raised the matter with this office much sooner and within 12 months of first becoming aware of the matter. Mrs X had used our service prior to this complaint and so was aware of our existence. I see no good grounds to exercise discretion to consider it now.
11. Further to this, having viewed the disciplinary investigation report and documents it is unlikely we would have investigated this complaint even if it was not late. This is because there is no sign of fault by the Council here. It took Mrs X’s allegations seriously and carried out a full and thorough investigation in line with its disciplinary policy and procedures. This found no evidence to support Mrs X’s allegations. Also, it is unlikely an investigation by this office would be able to add to the investigation and response already provided via the Council’s own investigation.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint. It lies outside our jurisdiction because it is late and I see no good grounds to exercise discretion to consider it now.

Back to top

Investigator's decision on behalf of the Ombudsman