Summary: We will not investigate this complaint about the Council’s investigation of a historical allegation against Mr X. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mr X complained the Council investigated a historical allegation which concluded no further action. He said the Council commissioned a Standards of Care Investigation which was fundamentally flawed and based its outcomes on incorrect information.
2. He said it caused emotional stress and Mr X and his husband are unable to foster or adopt. He wants the Local Authority Designated Officer’s (LADO) to overturn the investigation outcomes and compensation for loss of earnings.

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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 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

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

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My assessment

8. We will not investigate this complaint. Mr X became aware of the issue in 2023 when the Council informed him of the outcome of the Standards of Care investigation. We expect a person to complain to us within 12 months of being aware of a matter and Mr X did not complain to us until 2025. Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. However, even if the complaint was not late, we would be unlikely to investigate. Mr X’s complaint underwent an independent investigation and review panel as part of the statutory children’s complaints procedure. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman