Summary: Ms B complains the Council did not pay her a fostering allowance when she cared for a after a looked after child. This issue arose in 2015, but Ms B did not complain to the Council until 2019. Ms B’s complaint is therefore late. We do not investigate such complaints unless we decide there are good reasons to do so. The Ombudsman has discontinued the investigation into Ms B’s complaint because the complaint is late and there is no reason to exercise discretion.

The complaint

1. Ms B complains the Council did not pay her fostering allowance when she cared for a looked after child. Ms B says she did not receive the money she was entitled to.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
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)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered:
• Ms B’s complaint and the information she provided;
• relevant legislation and guidelines;
• the Council’s policies and procedures; and
• Ms B and the Council’s comments on a draft decision.

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What I found

What happened

6. In September 2015, a looked after child, C, moved in with Ms B. C was 17 when she moved in and became 18 in December 2015
7. Ms B says the Council assessed her as a foster carer and a supporting lodgings carer when C moved in. She reports the Council finished its assessment in November 2015, and decided she was not suitable for either. Ms B says the Council told her it would not pay her any more money for housing C; she says the Council paid her £800 in total. Ms B says she challenged this at the time but did not make a complaint.
8. Ms B says even though the Council decided she was not suitable to be either a foster carer or a supported lodgings carer, the Council asked her to allow C to continue to live with her. Ms B said C stayed with her until June 2018 when she moved into supported accommodation.
9. Ms B complained to the Council in 2019. The Council told Ms B she had exceeded its 12-month time limit for accepting complaints and referred her to the Ombudsman.

Analysis

10. The issue that led Ms B to complain to the Council and the Ombudsman occurred in 2015.
11. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so.
12. The Council says its records indicate Ms B was planning to make a complaint in 2015, but she did not do so. This shows Ms B was aware of the issue at the heart of her complaint in 2015. Ms B says she did not receive financial support between 2015 and 2018 – but her failure to complain suggests she accepted the Council’s position.
13. I see no reason why Ms B could not have complained much earlier. Her complaint is therefore late, and the Ombudsman will not exercise its discretion to investigate.

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Final decision

14. I have discontinued the investigation because the complaint is late and there is no reason to exercise discretion.

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Investigator's decision on behalf of the Ombudsman