Newcastle upon Tyne City Council (25 018 791)
Category : Adult care services > Safeguarding
Decision : Closed after initial enquiries
Decision date : 25 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about how the Council considered safeguarding concerns about her child, shortly before their death. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. In any case, it is unlikely that we could add anything meaningful to the coroner’s court investigation and so there would be no worthwhile outcome achievable by our involvement.
The complaint
- Miss X complained the Council did not act when she made safeguarding referrals about her adult child (Y) who lived in supported living accommodation. Miss X had raised concerns about substance misuse. Miss X said the Council’s inaction ultimately led to Y’s death.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained she raised safeguarding concerns to the Council about Y’s substance misuse, and where he was getting the substances from. Miss X said she raised the concerns in March 2024.
- Sadly, Y passed away in June 2024. Miss X said their death was due to the Council’s failure to act on her concerns.
- Miss X complained to the Council in May 2025. It briefly responded to the complaint in July 2025.
- Miss X complained to the Ombudsman in November 2025.
- As outlined in paragraph three, we cannot investigate complaints where a person takes more than 12 months to complain to us. I have not seen any good reasons why Miss X could not have complained to us sooner. Therefore, we will not investigate this complaint.
- In any case, the coroner’s court has already considered the events of Y’s death. We would be unable to add anything meaningful to the investigation it has carried out. We cannot decide whether the Council’s actions caused or contributed to Y’s death.
- I therefore consider that even if we investigated, there would be no worthwhile outcome achievable.
Final decision
- We will not investigate Miss X’s complaint because the complaint is late and there are no good reasons for us to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman