Nottinghamshire County Council (24 006 215)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 06 Dec 2024
The Ombudsman's final decision:
Summary: We have not investigated Miss X’s complaint about the Council placing her daughter at risk of harm. The complaint is late.
The complaint
- The complainant, whom I refer to as Miss X, complains that – in May 2023 – her daughter (Y) was touched inappropriately by an older child at a holiday club.
- Miss X believes the Council was responsible for this, as the perpetrator was a looked-after child and the Council was responsible for placing him in the club. The Council denies this.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information from Miss X and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Although the incident in question took place in May 2023, Miss X did not complain to the Ombudsman until July 2024.
- This means, under the terms of the Local Government Act, her complaint is late.
- There was no significant delay in the Council’s complaint-handling – Miss X had her final response, referring her to the Ombudsman, in August 2023. But she waited 11 months before complaining to us.
- This, ultimately, is what has made her complaint late. And it would not be unreasonable to expect her to have approached us sooner.
- Because of this, I have seen no good reason to disregard the statutory 12-month timescale, and I will not investigate Miss X’s complaint further.
Final decision
- I will not investigate Miss X’s complaint.
Investigator's decision on behalf of the Ombudsman