Summary: We will not investigate Mr X’s complaint about a disclosure made by a Council social worker. This is because the complaint relates to events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now. In addition, even if we did exercise discretion, the injustice identified is minimal and we would be unlikely to provide Mr X with a worthwhile outcome.

The complaint

1. Mr X complained that a Council social worker made false and misleading statements when they were involved with his family in 2020 and 2021.
2. He said the statements caused him stress and could have led to him being prosecuted.

Back to top

The Ombudsman’s role and powers

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)
4. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X complained to the Council after a subject access request revealed a social worker made statements in 2020 and 2021 which Mr X says were false.
8. The Council advised it would not investigate the complaint due to the length of time that had passed. The Council also informed Mr X the social worker involved no longer worked for the Council and therefore could not offer an insight into the comments made.
9. Mr X remains unhappy with the Council’s decision and wants us to instruct the Council to investigate. The Ombudsman does not usually exercise discretion to investigate events that took place this long ago unless there are good reasons to do so. Having reviewed the evidence, I cannot see that Mr X has experienced a significant or tangible injustice due to the statements made. The social worker who made the statements no longer works for the Council and consequently an investigation into this matter would be unlikely to result in a worthwhile outcome.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because the complaint concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now. In addition, even if we did exercise discretion, the injustice experienced is minimal and we would be unlikely to provide a worthwhile outcome for Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman