Summary: We will not investigate Mr X’s historic complaint about his children being placed in foster care in 1990. 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

1. The complainant, Mr X, complains about the Council’s actions in 1990 when his children were placed in foster care and about the impact of this on him and his children.

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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 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)
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. Mr X complained to the Council about its actions in 1990 when his children were placed in foster care rather than with him.
8. The Council told Mr X it was unable to investigate his complaint. It explained that, in line with its complaints policy, it will not usually accept complaints about events which are more than 12 months old. This applied to Mr X’s complaint and it considered the complaint could have been made sooner. It confirmed, having searched its records, that it held no records relating to Mr X’s children and so it was unable to consider the concerns Mr X had raised.
9. We will not investigate Mr X’s complaint. It 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. There are no good grounds to exercise discretion to consider his complaint now. It would not be possible for us to carry out an investigation as the Council has already confirmed it does not hold any records relating to Mr X’s children.

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Final decision

10. We will not investigate Mr 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.

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Investigator's decision on behalf of the Ombudsman