Torbay Council (21 010 597)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 24 Nov 2021

The Ombudsman's final decision:

Summary: We will not investigate Miss X complaint about the child protection actions of social workers between 2013 and 2016. The complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

  1. Miss X said there was fault in the child protection actions of social workers between 2013 and 2016 that caused her children distress as they were not taken seriously, but that she was blamed instead.

Back to top

The Ombudsman’s role and powers

  1. 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)

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code. I shared a draft of this decision with Ms X and considered her comments.

Back to top

My assessment

  1. Although Miss X has also complained to us of very recent matters, these come after the Council’s final response to her complaint. She needs to complain to the Council about its recent actions before approaching us.
  2. Although the Council has recently dealt with a complaint about matters from 2013 to 2016, that does not bind us to do so. We may investigate a late complaint if a person was unaware of the matter complained of until much later, or if they were unable to complain until much later. Miss X was aware of the matters she now complains of five years ago. And I have seen no good reason why she could not have complained to us much sooner.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings