Southend-on-Sea City Council (24 010 571)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 29 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint that the Council failed to communicate with her during its Supporting Families involvement with her children in early 2023. The complaint lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.
The complaint
- The complainant, Ms X, complains the Council’s Supporting Families worker failed to communicate with her during its involvement with her children in early 2023.
The Ombudsman’s role and powers
- 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)
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council about a lack of communication from the allocated Supporting Families worker who was working with her children from early to mid- 2023.
- The Council said the last contact it had from Ms X was in March 2023 when she told the allocated worker she was going to cease all contact with the team. It said it made no further contact with Ms X after this, at her request. It says it provided support to the family in the family home and that at the time of its involvement Ms X was not living with her children. As such, Ms X was not part of the assessment or plan. It says it explained this to Ms X at the time and provided updates where appropriate.
- We will not investigate Ms X’s complaint because it lies outside our jurisdiction. The complaint lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Ms X was clearly aware of the matter at the time, in early 2023, and I see no good reasons to exercise discretion to consider it now.
Final decision
- We will not investigate Ms X’s complaint. It lies outside our jurisdiction because it is late and I see no good reasons to exercise discretion to consider this late complaint now.
Investigator's decision on behalf of the Ombudsman