Summary: We will not investigate Miss X’s complaint about the Council’s actions in 2008. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council’s actions in relation to her child in 2008.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council in January 2024 about its actions in 2008 in relation to her child. Miss X complained the Council was negligent and she sought compensation for herself and her child, who is now an adult.
8. The Council told Miss X it would not consider her complaint because it was about matters that happened over 12 months ago. It advised Miss X to seek legal advice in relation to her wish to pursue a claim for damages against the Council
9. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to this office within 12 months of the person first becoming aware of the matter. The events Miss X seeks to complain about happened over 15 years ago and I see no good grounds to exercise discretion to consider the complaint now. Also, given the significant passage of time since the events complained about it is unlikely we would be able to carry out a meaningful investigation and reach a fair and reliable view on events now over 15 years later.
10. In addition to this restriction, Miss X claims the Council has been negligent in its actions and seeks compensation for both her and her daughter. Negligence is a legal matter for the courts to consider and decide. We could not consider and decide a negligence claim even if the complaint was not late as it is a matter for the courts.

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Final decision

11. We will not investigate Miss X’s complaint because it lies outside our jurisdiction and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman