Summary: We will not investigate this complaint about the Council’s handling of information relating to safeguarding matters. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now.

The complaint

1. Ms Y complained about the Council’s actions and its information handling procedures following a safeguarding matter. She said this caused reputational issues and impacted on the statutory regulator’s activity and publications, affecting a care provider.

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The Ombudsman’s role and powers

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

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 Y is a director of a care provider. In 2023, she became aware that her business had been incorrectly linked to a safeguarding concern. She first complained to the Council about this in mid-2023. However, she did not complain about this to the Ombudsman until late 2025.
7. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. I will not investigate this complaint because it is a late complaint. I acknowledge the Council did not always respond to Ms Y in time, but I am not satisfied this is a good enough reason for Ms Y not to have raised the matter with us earlier and certainly within 12 months of the concern arising.

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Final decision

9. We will not investigate Ms Y’s complaint because it was a late complaint and there are no good reasons to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman