Summary: The Ombudsman will not investigate this complaint about the Council’s handling of safeguarding concerns regarding the complainant’s ex-partner. This is because the complaint is made late, and there are no good reasons to investigate it now.

The complaint

1. The complainant, who I refer to here as Mr K, says that:
2. He was treated unfairly by the Council when it investigated the care needs and wellbeing of his then wife, after safeguarding concerns were raised: and
3. The Council now refuses to review the case.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I have considered the information provided by Mr K’s representative and by the Council. I have also sent the representative a draft decision for Mr K’s comments.

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What I found

7. Following a safeguarding enquiry in relation to Mr K’s then wife, Mr K complained that he had been unfairly treated, and that allegations against him were not properly investigated. The complaint was not upheld, with a final decision provided in December 2017.
8. Mr K has recently attempted to raise the issues again, as he says that he was not fairly treated. The Council has refused, as it says the complaint was fully investigated at the time, and it will not re-visit it.
9. Mr K has brought the complaint to the LGSCO but we will not investigate it. This is because we cannot investigate matters known to the complainant more than 12 months previously, unless there are good reasons to do so. In this case, Mr K knew about the matter well over 12 months ago, as his final decision refers him to the LGSCO in December 2017.
10. There are no good reasons to investigate the complaint now.
11. Additionally neither we nor the Council would be able to share any data with Mr K regarding his ex-wife as she has now declined to have any contact or share information with him.

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Final decision

12. I will not investigate this complaint. This is because it is made late and there are no good reasons to exercise the Ombudsman’s discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman