Dudley Metropolitan Borough Council (22 016 317)
Category : Children's care services > Fostering
Decision : Closed after initial enquiries
Decision date : 22 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about support in fostering and fostering payments before 2020. The complaint is late and there is no good reason to exercise the discretion available to investigate these matters now.
The complaint
- Mrs X said the Council failed to provide the correct support at the start of a foster placement and failed to pay an enhanced fostering rate from 2017 to 2020.
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 considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate a late complaint unless there is a good reason. A person may have been unaware of the matter they complain of until recently. They may also have been prevented from complaining sooner.
- Mrs X stated she had had challenging behaviours every day for nearly six years. She also knew of the change of the rate of pay by 2020. I have seen no evidence she was prevented from complaining sooner. That the placement broke down recently does not mean the matters complained of are recent.
Final decision
- We will not investigate Mrs X’s complaint because it is late and there is no good reason to exercise the discretion available to investigate these matters now.
Investigator's decision on behalf of the Ombudsman