Summary: We will not investigate this complaint about how the Council responded to the outcome of an Ombudsman investigation. That is because the complaint is late. Additionally, the Council has commissioned an independent review into his concerns. It is reasonable for Mr X to allow that process to conclude, before we can consider any complaints Mr X may have about it.

The complaint

1. Mr X complained about how the Council responded to the outcome of a previous Ombudsman investigation. He said senior Council Officers’ and the Council did not accept accountability for the failures identified within our decision. He said the Council Officers’ actions amounted to misconduct.

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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)
4. 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X complained to the Council in 2019 about how it had responded to our decision. The Council sent Mr X two responses in 2020. It said it accepted our findings and confirmed it had made improvements to its adult social care practice.
8. Mr X challenged the complaint responses. He said the Council had not responded to questions he had asked or held any individual Officers’ accountable for identified failings.
9. The Council completed an internal review of officer conduct. It issued this at the start of 2022. Mr X was dissatisfied with how the Council completed that review. At the end of 2022, the Council commissioned an independent review. That review has not yet concluded.
10. We will not investigate Mr X’s complaint about the Council’s response to our final decision. We made our decision in 2019. Therefore, any complaint about what the Council did next is late. It was reasonable for Mr X to complain to us sooner if he was unhappy with the Council’s 2020 response.
11. In any event, even if the complaint was not late, we would not investigate. It is not our role to investigate allegations of council officer misconduct. Nor do we hold individual officers responsible for failings in the Council. Therefore, it is unlikely we would achieve the outcome Mr X wants.
12. The Council has commissioned an independent review into Mr X’s complaints. Once that review is complete, it is for the Council to consider the findings, any recommendations and decide what action to take. It is appropriate for Mr X to return to us following that if he remains dissatisfied at with the outcome. There is nothing worthwhile to be achieved by considering this complaint now.

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Final decision

13. We will not investigate Mr X’s complaint because most of it is late. It is reasonable for the Council to complete its independent review, before we consider the matter. There is nothing worthwhile to be achieved considering it now.

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Investigator's decision on behalf of the Ombudsman