Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s children’s case. The substantive part of the complaint is late and there is not a good reason for the delay. There is insufficient evidence of fault in more recent events, nor could we provide a meaningful outcome for Miss X as investigation by us will not lead to a different outcome.

The complaint

1. Miss X complained about the Council’s child protection involvement with her family between 2015 and 2017. She said the Council’s decision making had notes of racism.
2. Miss X also complained the Council had more recently reopened the case and was carrying out further assessments without telling her. She complained the Council did not accept her complaint in 2023 because it said the complaint was late. She said it also tried to dissuade her, via intimidation, from pursuing a complaint.
3. Miss X said the matter has caused distress to her and her child and led to the breakdown of her marriage. She wanted financial compensation.

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The Ombudsman’s role and powers

4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The law says people must bring complaints to us within 12 months of becoming aware of the matter unless there are good reasons. Miss X’s substantive complaint is about events between 2015 and 2017. She complained to the Council in 2023, and it declined to investigate her complaint due to the delay. There is no evident reason for the significant delay between events and Miss X complaining to us, and we could not carry out a robust or fair investigation seven years after events. We will not investigate the complaint in paragraph 1 above.
9. The Council explained to Miss X in its complaint response of 2023 that its social services departments had not had any involvement with her family since 2019. It explained Miss X should seek clarity from the organisations that had given her the impression there was an ongoing assessment.
10. There is no substantive evidence to support Miss X’s assertion the Council has more recently had an open case. It is open to her to ask the organisations that have given her this information to provide clarity. There is insufficient evidence of fault by the Council in this respect, and investigation by us would not lead to a different outcome. There is no basis upon which we could recommend the Council pays Miss X a financial remedy as she requests.
11. It is not a good use of public resources for us to investigate how councils handle complaints where we are not investigating the substantive matter. However, in any event there is insufficient evidence of fault in how the Council handled the complaint. The more time that passes between events and investigation, the less likely it is that sound conclusions can be reached. It is not fault for the Council to have declined to investigate the events of 2015 to 2017. There is also no substantive evidence the Council attempted to dissuade Miss X from pursuing a complaint.

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Final decision

12. We will not investigate Miss X’s complaint because the substantive matters are too late and there is not a good reason for the significant delay, and there is insufficient evidence of any fault by the Council in more recent events.

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Investigator's decision on behalf of the Ombudsman