Summary: We will not investigate this complaint about the Council’s children’s services provision because it is late. And we will not investigate the Council’s complaint handling because there is not enough evidence of fault.

The complaint

1. Ms X complains of discrimination by the Council’s children’s services in 2023 and prior. She says the statutory complaints process, which completed in summer 2025, was also discriminatory and the Investigator did not interview key staff.

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The Ombudsman’s role and powers

2. 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)
3. 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
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

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

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My assessment

8. Ms X’s complaint about the Council’s actions in 2023 and earlier is out of time and there is no good reason to exercise discretion. Although Ms X did not complete the Council’s complaints process until recently it remained open to her to contact us in earlier.
9. Ms X’s complaints about the complaints process itself are in time.
10. An Independent person had oversight of the investigation process. They were satisfied the stage 2 investigation was carried out correctly and the report was fair, accurate and evidence based. That Ms X disagrees with outcome of the stage 2 investigation is not evidence of fault.
11. It is up to the Investigating Officer which staff to interview. That it did not interview staff as Ms X wished is not evidence of fault.
12. At stage 3, Ms X said the Council did not make adjustments to meet her needs, as one meeting room smelt and another was too hot. The stage 3 panel recommended the Council give further consideration to those with additional needs when arranging meetings and provide training to its staff. The Council agreed to complete these recommendations. Further investigation by us would not achieve a different outcome.
13. The stage 3 panel otherwise upheld the findings and outcomes at stage 2.
14. On review of the complaint records, I see no other evidence that suggests the Council failed to take account of its duties under the Equality Act in investigating the complaint.
15. There is not enough evidence of fault in the Council’s handling of the statutory complaints process to justify an investigation.

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Final decision

16. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman