Summary: We will not investigate this complaint about the Council’s decision to invite the complainant to a meeting where he was arrested by the Police. This is because the complaint is late and there are no good reasons to investigate.

The complaint

1. Mr X says the Council invited him to a safeguarding meeting ‘under false pretences’ where he was arrested.
2. Mr X also complains the Council has declined to investigate his complaint saying it is late and ignoring his reasons for not being able to make it earlier.
3. Mr X says he was caused trauma, he became homeless, lost job opportunities and his contact with his children was affected.
4. Mr X would like the Ombudsman to investigate the original incident and the Council failure to investigate.

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The Ombudsman’s role and powers

5. 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)
6. 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)
7. 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
• there is another body better placed to consider this complaint

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered the information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X says he was arrested in April 2024 for an alleged breach of a non-molestation order. He says he could not complain earlier than now as his mobile was kept by the Police, and it contained his evidence. He says the Police took a year to decide not to bring any charges and return his mobile.
11. The Council has declined to investigate Mr X’s concerns about what happened in April 2024 citing regulation 9 of the Getting the Best from Complaints guidance governing the Children Act 1989 complains procedures. Regulation 9 says ‘Local authorities do not need to consider complaints made more than a year after the grounds to make the representation arose’.
12. We will not investigate as I also consider Mr X’s complaint is caught by the time bar on the Ombudsman’s remit. We can investigate if there are good reasons, but I do not consider there are any. This is because if we did exercise discretion to investigate, we are unlikely to find the Council acted with fault.
13. It may be helpful to explain the Council’s role when it comes to safeguarding matters. The council must make enquiries if it thinks a person may be at risk of abuse or neglect and has care and support needs which mean the person cannot protect themselves. An enquiry is the action taken by a council in response to a concern about abuse or neglect. An enquiry could range from a conversation with the person who is the subject of the concern, to a more formal multi-agency arrangement. A council must also decide whether it or another person or agency should take any action to protect the person from abuse. (section 42, Care Act 2014)
14. This means, in effect, that anyone can raising a safeguarding concern to the Police. We are unlikely to find fault with the Council, if we did investigate, and find the Council alerted the Police.
15. Further, the claimed injustice arises due to the actions of the Police investigating potentially criminally matters which are outside the Ombudsman’s remit. Mr X could complain directly to the Police which is better placed to investigate.
16. Finally, we are unlikely to find fault in the Council’s decision not to investigate Mr X’s complaint for being late as it is a decision it is entitled to make.

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Final decision

17. We will not investigate Mr X’s complaint because it is late and there are no good reasons to investigate.

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Investigator's decision on behalf of the Ombudsman