Summary: We will not investigate Mrs X’s complaint about children services’ actions following her referral in 2019. There are no good reasons the late complaint rule should not apply.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council failed to safeguard children in her family.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says the Council failed to safeguard children in her family. She says she reported her concerns in 2019.
8. We cannot investigate events known to Mrs X for more than 12 months unless we have good reasons. Here we do not because:
1. Mrs X is not the primary carer of the children concerned and does not have the consent of either those children, their carers or anyone with parental responsibility for those children, to make this complaint.
2. There are other bodies which have or are investigating an incident involving a child at the core of the issues.
3. The direct injustice to Mrs X, including concern, stress and worry, are secondary to the injustice to the children.

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Final decision

9. We will not investigate Mrs X’s complaint because there are no good reasons the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman