Summary: We will not investigate Mr X’s complaint the Council failed to take appropriate action regarding safeguarding concerns he raised about abuse his mother was suffering, and that the Council failed to call him back. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

The complaint

1. Mr X complains the Council failed to take appropriate action regarding safeguarding concerns he raised about abuse his mother was suffering. He also complains the Council failed to call him back after he contacted the service for assistance.

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The Ombudsman’s role and powers

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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X’s mother lived with another family member. Mr X lives in another country.
7. In May 2023, Mr X contacted the Council following being denied access to his mother by a family member. Mr X explained to the Council he was visiting the country and wanted to visit his mother for her birthday.
8. In its complaint response, the Council acknowledged:
• The social worker had advised Mr X it would speak with the family member and get back to him. However, the social worker failed to do this. The Council apologised for this.
• The social worker should not have become involved in the family conflict as their role is to support people with their care and support needs, and not as mediators.
• Police had visited Mr X’s mother at the address, and she was seen safe and well.
• No concerns about his mother’s safety or wellbeing were raised by her, or her care providers.
9. An investigation is not justified as the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. This is because Mr X would have been aware of his concerns at the time in 2023. If Mr X was concerned about how the Council was responding to his safeguarding concerns, it is reasonable to have expected him to raise a complaint at the time.
10. I acknowledge Mr X does not live in the UK. However, he could have submitted a complaint to us, at the time, by our website. I cannot see any reasons for why he could not have.
11. Even if we were to exercise discretion to consider the late complaint, we would not investigate. This is because we cannot achieve the outcome Mr X wants. Mr X wants for council staff to be fired. However, this is not a recommendation we can make as this is an employment decision for the Council to make.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint.

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Investigator's decision on behalf of the Ombudsman