Summary: We will not investigate this complaint about the Council’s refusal to investigate Miss X’s concerns about how it safeguarded her. The complaint relates to matters which occurred over 12 months ago, and it is unlikely we would find fault in the Council’s decision to refuse the complaint.

The complaint

1. Miss X complained to the Council about its failure to safeguard her, specifically between 2017-2018. Miss X said it did not do enough to protect her from harm during this time.
2. Miss X said this allowed her to be abused, exploited and has caused a serious impact to her mental health.

Back to top

The Ombudsman’s role and powers

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

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Miss X complained the Council did not do enough to safeguard her, specifically between 2017-2018. Miss X said it knew she was at risk of harm, but the Council did not do enough to support her during this time. Miss X complained to the Council about this in July 2025, but it refused to investigate it due to the events occurring over 12 months ago.
9. The Council said on receiving of Miss X’s complaint, it reviewed the case to determine whether there had been any service failings and following its review, it refused to investigate the complaint.
10. The children’s statutory complaint procedure allows a Council to decline to investigate a complaint about matters which have occurred more than 12 months before a complaint was raised with it. It can do so, provided it explains its reasons why it has decided this, and does so on a case-by-case basis.
11. In this case, the Council wrote to Miss X, explained its reasons for refusing the complaint. Additionally, the Council told us how it made this decision. Therefore, it is unlikely we would find fault if we were to investigate its decision.
12. As outlined in paragraph four, we cannot investigate complaints where a person takes more than 12 months to complain to us, without good reasons. I have considered whether there are good reasons for us to exercise discretion to consider Miss X’s complaint. However, while I acknowledge Miss X's comments about why she did not feel able to raise these matters sooner, this does not displace the expectation in law that we will not investigate late complaints.

Back to top

Final decision

13. We will not investigate Miss X’s complaint because it relates to matters which occurred over 12 months ago, and it is unlikely we would find fault in the Council’s decision to refuse the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman