Birmingham City Council (20 012 277)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 08 Apr 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about an assessment of her son’s needs. She could have approached us sooner and there is no good reason to exercise discretion to consider her late complaint.
The complaint
- Mrs X said the Council carried out an inadequate assessment of the needs of her disabled son in March 2018 and has failed to provide the assistance he needs. She said this has left her exhausted and unable to cope.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I read Mrs X’s complaint. I gave her an opportunity to comment on a draft decision.
What I found
- Mrs X complained to the Council about an assessment of her son’s needs it carried out in March 2018. The Council accepted there were some inaccuracies in the assessments, but denied they had any effect on the view it reached of her son’s care needs. It told her in July 2019 it had completed the complaints process and she could complain to us if she remained dissatisfied.
- Mrs X complained to us in February 2021. This was more than 18 months after the Council completed dealing with her complaint. There is no good reason to exercise discretion to consider this matter now.
- The Council has reassessed Mrs X’s son’s needs more recently. She says the Council’s more recent assessment is still inadequate. I have seen no evidence she has complained to the Council about the new assessment. She would need to complete the Council’s complaints process before coming to us if still dissatisfied.
Final decision
- We will not investigate the complaint about the March 2018 assessment. This is because it is late and there is no good reason to exercise discretion to consider it. Mrs X should complete the Council’s complaints procedure concerning the more recent assessment with which she is unhappy.
Investigator's decision on behalf of the Ombudsman