Summary: We will not investigate this late complaint about a fostering placement and a child protection investigation following it. Mr X could have approached us sooner, and there is thus no good reason to exercise the discretion available to us to consider these late matters.

The complaint

1. Mr X said the Council mismanaged a fostering placement as well as a child protection enquiry afterwards that took too long.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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).

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The correspondence between Mr X and the Council stated the foster placement lasted from November to December 2022. It also stated that Mr X stated the child protection enquiry concluded in April 2023.
7. All the matters complained happened more than 12 months before Mr X approached us. We may consider late matters if a person is unaware of them at the time, or if a person is prevented from approaching us. Neither reason applies here. Mr X was aware of all the matters he now complains of by April 2023 at the latest, most of them significantly earlier than that. The correspondence states he made a subject access request to the Council in July 2023 before complaining to it in March 2024. It told him after two weeks that his complaint was late and invited him to provide any evidence why it should consider it. It was not necessary for Mr X to make a subject access request before contacting us. He could have contacted us at any time after April 2023, but did not do so until May 2024, more than a year after the last of the matters complained of, and 17 months after the original matters.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because it is late and there is no good reason to exercise the available discretion to consider it now.

Back to top

Investigator's decision on behalf of the Ombudsman