Summary: We will not investigate this complaint about the Council’s refusal to investigate Ms X’s concerns about how it safeguarded a family member, for whom she had a special guardianship order. The Council set out its reasons for declining her complaint and it is unlikely we would find fault in the Council’s decision, not to consider it.

The complaint

1. Ms X complained to the Council about its failure to safeguard a family member, who she had parental responsibility for, under a special guardianship order (SGO). Ms X said this occurred between 2020-2021. She said the Council’s actions left her without proper support, led to the breakdown of the SGO and this caused her distress.

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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 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))
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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2025, Ms X complained to the Council. It initially asked her to explain why there had been a delay between the matters she was complaining about and her raising a complaint. The Council considered these reasons and set out the factors it considered as to why it decided not to consider Ms X’s representations as a complaint.
7. The children’s statutory complaint procedure allows the Council to decline to take 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. The Council wrote to Ms X, explained its reasons in her case and therefore it is unlikely we would find fault if we were to investigate its decision.
8. I have considered whether there are good reasons for us to exercise discretion to consider Ms X's complaint. I do not see good reasons sufficient to exercise discretion to do so and so will not investigate. The law, explained in paragraph three, says we should not investigate late complaints. I acknowledge Ms X's comments about why she did not feel able to raise these matters sooner. But this does not displace the expectation in law that we will not investigate unless satisfied there are good reasons to do so.

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Final decision

9. We will not investigate Ms X’s complaint because it is unlikely we would find fault in the Council’s decision to decline her complaint. And we will not consider it either because it is late.

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Investigator's decision on behalf of the Ombudsman