Summary: We will not investigate Mrs X’s historic complaint that she was raped when she was a teenager in the Council’s care over 20 years ago. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, Mrs X, complains she was raped when she was a teenager in the Council’s care over 20 years ago. Mrs X says she was failed by the Council and it has ruined her life.

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The Ombudsman’s role and powers

2. 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

7. The Council told Mrs X it would not consider her complaint via its complaints procedure because it was about matters that happened over 12 months ago. It explained the difficulties posed in it being able to carry out an effective investigation in relation to historical matters. It also explained that its available records had already been considered by the police in its investigation. It said it could not add to the responses already provided via the police investigation or the Independent Office for Police Conduct investigation and that it could not provide a different outcome to that already achieved.
8. We will not investigate Mrs X’s complaint. The complaint is historic and lies outside our jurisdiction because it is late. The difficulties the Council highlighted in being able to carry out an effective investigation of this complaint now also apply to any investigation by this office. I cannot see there is any realistic prospect of us being able to carry out a full and fair investigation and reach a reliable and sound view on historic events now given the very significant passage of time of over 20 years. Changes in staff, polices, guidance, practice and legislation would also impact our ability to carry out a meaningful investigation.
9. Further to this, we cannot investigate allegations of criminal behaviour. Crime is a matter for the police to investigate and ultimately the courts to decide. I can see from the information provided that the matter has been investigated by the police and the perpetrator has been charged with several offences. It is a matter the courts will decide.

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Final decision

10. We will not investigate Mrs X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman