Summary: We will not investigate Ms X’s complaint on behalf of her daughter Ms Y about restrictions the Council placed on contact with family members. This is because the complaint is late.

The complaint

1. Ms X complains the Council imposed unnecessary restrictions on contact between Ms Y and her family. She says that this was distressing and meant that they missed out on family occasions.

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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 or continue 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains the Council misled her about contact restrictions implemented in late 2022 which meant she and her family did not see Ms Y for almost a year. In September 2023 Ms Y moved to a different placement and social worker and Ms X became aware of the inaccurate information about contact restrictions. Ms X complained to the Council in September 2024. I will not investigate this complaint as Ms X could have complained to us sooner.
7. Ms X would like the Social Worker to be held to account for his actions. We could not achieve this outcome as he no longer works for the Council.

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Final decision

8. We will not investigate Ms X’s complaint because it is late and there is no good reason to investigate it now.

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Investigator's decision on behalf of the Ombudsman