Summary: We will not consider Mr X’s late complaint the Council did not provide him with appropriate support in 2009 when it was involved with safeguarding his child. There is not a good reason Mr X did not complain sooner, and we could not now carry out a fair investigation.

The complaint

1. Mr X complained he did not receive the appropriate support from the Council in 2009, when child protection investigations were ongoing following a family dispute. Mr X says this caused significant pressure which he still experiences. He says the issues had a long-term impact on his relationship with his children, one of whom is now receiving psychotherapy input.

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The Ombudsman’s role and powers

2. 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

3. I considered the information Mr X provided when he complained to us.
4. Mr X now has the opportunity to comment on my draft decision.

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What I found

5. Mr X says the Council was involved in 2009 after a family dispute involving conflict between him and his wife at the time. Mr X says the Council discriminated against him due to him being black, and professionals sided with his wife who was white. He says the Council did not check on his wellbeing and did not inform him he had been poisoned.
6. Mr X did not complain at the time. He made a formal complaint to the Council in 2020, but says it refused to consider his complaint due to the time that has passed since events.
7. Mr X provided us with information showing his daughter is now receiving support from children’s psychotherapy services. He says this is a reason his complaint should now be considered. I considered the information Mr X provided. This discusses his daughter’s experience living with her mother between 2009 and present, but does not provide a reason why Mr X did not complain much sooner about the lack of support he received from the Council in 2009.
8. Mr X has provided further explanation of the time it took him to complain. These included, for example, some time spent volunteering in a war zone and concerns that the person who tried to poison him may suffer consequences if he complained. I have considered his reasons, but Mr X has not provided sufficient reasoning for the 11-year delay in him bringing his complaint to the Ombudsman.
9. In any event, it would not now be possible to carry out a fair investigation into events. Records might no longer be available, Council officers have likely moved on and even if they have not, memories will not be as reliable given the significant time that has now passed. We should not exercise discretion to investigate this historical complaint.

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Final decision

10. The Ombudsman will not investigate this late complaint. This is because there is no good reason Mr X did not complain sooner, and we could not now carry out a fair investigation.

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Investigator's decision on behalf of the Ombudsman