Summary: We will not investigate Mr X’s complaint about events when he was in the Council’s care about 15 years ago. He could have approached us sooner and there is no good reason to exercise discretion to consider his late complaint.

The complaint

1. Mr X said he had inadequate food and washing facilities when in Council care about 15 years ago. He said he was sent to another home by Council staff as a punishment for starting a relationship and was threatened with being made homeless.

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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 read Mr X’s complaint and noted a response from the Council to a question asked by a colleague. I gave Mr X an opportunity to comment on a draft decision.

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What I found

5. When Mr X was a teenager, about 15 years ago, he spent a period in the care of the Council. The Council also told us when we asked if Mr X had complained that it had it had no record of a complaint by Mr X in a period going back to 2012. The complaint is therefore late.
6. We have discretion to investigate late complaints if we think there is a good reason to do so. A person can be unaware of a matter until after the event. And a person may be prevented from complaining sooner. For example, a child, especially a child in care, may lack the ability to complain, and may fear the consequences of doing so.
7. In Mr X’s case, he was aware of the matters complained of at the time they happened. He was a teenager in care, so I would not have expected him to complain at the time. However, more than a decade has gone by since Mr X left care. I therefore consider he could have approached us sooner.

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Final decision

8. We will not investigate this complaint. This is because the complaint is late and there is no good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman