Summary: We will not investigate Miss X’s late complaint the Council has ignored her safeguarding concerns for her child. Some elements of Miss X’s complaint relate to another local authority. We also could not add to the responses the Council has already provided.

The complaint

1. Miss X complains the Council has ignored her serious safeguarding concerns for her child since they were placed in their grandparent’s care in 2019. She wants the Council to take her concerns seriously and provide her with the outcomes of her referrals.

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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 impact 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X’s child was removed from her care in 2019. The child was placed with their grandparents following legal proceedings. Since then, Miss X has safeguarding concerns. These have included concerns that her child is at risk of exploitation, abuse, grooming, child pregnancy and going missing.
7. The Council first became involved with Miss X’s child in 2021 when they moved to the Council’s area. Another local authority removed the child from Miss X’s care in 2019. The Council formally ended its involvement with this case at the end of 2023.
8. The Council has responded to Miss X’s complaints in November 2023 and March 2024. It provided detailed explanations for the action it has taken, including how it dealt with Miss X’s concerns. The Council has also explained Miss X’s child is old enough to express their wishes and consent. The child has not given permission for the Council to share information about them with Miss X. The Council has explained to Miss X that it must respect her child’s wishes.
9. We usually expect people to complain to us within 12 months of the events they are complaining about. Miss X has been aware of these issues since 2023 and some since 2019. Any concerns Miss X continues to have about the Council’s handling that occurred more than 12 months prior to her bringing her complaint to us are now late. We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason, because even if we investigated it is unlikely we could add anything further to the Council’s detailed and thorough complaint responses. Miss X’s disagreement with the Council’s approach is not evidence of fault.

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Final decision

10. We will not investigate Miss X’s complaint because it is late, some parts relate to another local authority and there is nothing more we could add to the responses the Council has already provided.

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Investigator's decision on behalf of the Ombudsman