Summary: We will not investigate Mrs X’s late complaint about the Council’s handling of safeguarding matters relating to Miss Y’s children in 2018. Miss Y could have complained to us sooner and there is no good reason to exercise discretion to investigate this matter now.

The complaint

1. Mrs X complains on behalf of her sister, Miss Y, about the Council’s handling of matters involving Miss Y’s children. Mrs X says the courts found failings with the Council’s handling in 2018, for which she believes the Council should apologise to Miss Y.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant and the Council.

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My assessment

5. The Council dealt with safeguarding concerns about Miss Y’s children in 2017. These led to private law proceedings in 2018. Miss Y complained to the Council about its handling of her children’s case in Summer 2019. At the time, the Council asked Miss Y for more information about her complaints and her desired outcomes. The Council did not progress the complaint investigation because Miss Y did not respond to its query or pursue her complaint further at the time.
6. Mrs X contacted the Council in Summer 2024 to make a legal claim for professional negligence in Miss Y’s case. The Council’s insurers and legal representatives rejected Mrs X’s claim. The Council rejected Mrs X’s request to consider the matter under its complaint procedure. It explained the complaint was late.
7. We usually expect people to complain to us within 12 months of the events they are complaining about. Miss Y has been aware of these matters since at least 2018 when court proceedings took place. There appears no good reason why Miss Y did not pursue her complaint with the Council and then us if necessary when the Council asked for more information in 2019. I have seen no grounds which justify us exercising discretion to investigate this late complaint now.

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Final decision

8. We will not investigate Mrs X’s complaint because it is late and there are no good reasons why it could not have been raised sooner.

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Investigator's decision on behalf of the Ombudsman