Summary: Ms X complains the Council refuses to consider her complaint about the social worker involved in her adoption more than 20 years ago. The Ombudsman will not investigate this matter as we have seen no evidence of fault in the Council’s decision.

The complaint

1. Mrs X complains the Council refuses to consider her complaint about the conduct of a social worker involved in her adoption 23 years ago. She says Councils refusal to consider her complaint belittles her traumatic experience. She wants a formal apology from the Council and her complaint referred to the local safeguarding board.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered:
• Mrs X’s complaint
• the Council’s response
• The Children Act 1989 Representations Procedure (England) Regulations 2006; and
• The Government guidance to accompany the above regulations

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What I found

4. Mrs X complained to the Council about the actions of the social worker involved in her adoption when she was a child more than 20 years ago.
5. The Council told Mrs X that her complaint would not be considered as the events she complains about occurred more than a year ago. However, it offered to pass her concerns on to the adoption team to highlight her experiences.
6. Mrs X complained to the Ombudsman.

Assessment

7. The Government guidance on the Children Act 1989 Representations Procedure (England) Regulations 2006 states:

“Local authorities do not need to consider complaints made more than one year after the grounds to make the representation arose (regulation 9). In these cases, the complaints manager should write to advise the complainant that their complaint cannot be considered and explaining the reasons why it has adopted this position. This response should also advise the complainant of their right to approach the Local Government Ombudsman.”

8. Mrs X’s complaint concerns events which took place more than 20 years ago. The Council’s letter explains to Mrs X that it will not consider her complaint because the events she complains of happened more that one year ago. It also advised her of her right to approach the Ombudsman.

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Final decision

9. I will not investigate this complaint because I have not seen any evidence of fault in the way the council considered her complaint.

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Investigator's decision on behalf of the Ombudsman