Summary: We will not investigate this complaint about the Council’s historic child protection actions. The complaint is late and there is no good reason to exercise our discretion to investigate it now.

The complaint

1. Mr X said what the Council said about a child protection matter led to him being assaulted and have affected his mental health.

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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 considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. We do not usually investigate late complaints. But we may if there is a good reason, such as a person being unaware of the matter they now complain of until later, or being prevented from complaining at the time. Neither reason applies here. The matter complained of was an allegation that Mr X might have harmed a child more than 30 years ago. Mr X was aware of this at the time and was able to complain. He provided a copy of a response letter from the Council dated more than 20 years ago when the matter was already more than 10 years past.

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Final decision

6. We will not investigate Mr X’s complaint because it is late and there is no good reason to exercise the discretion available to us to investigate it now.

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Investigator's decision on behalf of the Ombudsman