London Borough of Harrow (19 018 658)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 23 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about the conduct of the Council in relation to the special guardianship of a child. Mrs X did not complain to us within 12 months of knowing about the problem and there are no good reasons to exercise discretion to accept the complaint now.
The complaint
- Mrs X complains the Council and social workers acting for the Council failed to provide correct or suitable information through special guardianship matters for a child.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered Mrs X’s complaint to the Ombudsman and the information she provided. I have written to Mrs X with my draft decision and given her an opportunity to comment.
What I found
- In February 2016 the Council told Mrs X that it would put her niece in foster care. Mrs X arranged to take her niece to prevent this.
- Mrs X complains of poor information and the actions of the Council’s social worker until the closure of the matter with the Council in July 2017.
- Mrs X complained to the Council in December 2018. The Council provided its response in February 2019 and directed Mrs X to the Ombudsman.
- Mrs X complained to the Ombudsman in January 2020.
Analysis
- We cannot investigate a complaint which is about events known to Mrs X for more than 12 months without good reason.
- The main issues outlined in Mrs X’s complaint are between February 2016 and July 2017.
- Mrs X was aware of the issues in her complaint since the closure of this matter in July 2017. Mrs X could reasonably be expected to have brought her complaint to the Council and Ombudsman much sooner.
- Mrs X has not provided any good reasons why she did not complain to us sooner.
Final decision
- My decision is that the Ombudsman will not investigate Mrs X’s complaint about the conduct of the Council in relation to the special guardianship of a child. Mrs X did not complain to us within 12 months of knowing about the problem and there are no good reasons to exercise discretion to accept the complaint now.
Investigator's decision on behalf of the Ombudsman