Summary: We will not investigate Miss X’s complaint about children services support to her as a foster carer. There are no good reasons the late complaint rule should not apply to her 2023 complaint. And it is reasonable to expect her to complete the Council’s complaint procedure on her June 2024 complaint.

The complaint

1. Miss X complained to the Council in January 2023 about the Council’s service to her as a foster carer. She complained again in June 2024 about the service since her first complaint.

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The Ombudsman’s role and powers

2. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council in January 2023 about the way the Council had provided services to her as a foster carer. The Council replied at stage one of its complaints’ procedure in February 2023 and stage two in May 2023. We do not normally investigate issues which have been known to a complainant for more than 12 months unless there are good reasons to do so. Miss X has provided no reasons why she delayed for over a year to complain to us. The Council signposted her to us in its stage two reply.
7. In June 2024 Miss X complained to the Council about events since. She alleged disability discrimination. The Council replied at stage one of its complaints’ procedure in August 2024. In September 2024 the Council told Miss X it would consider her complaint at stage two of its complaints’ procedure when she had provided further evidence. It is reasonable to expect Miss X to follow this and complete the Council’s complaints’ procedure before we could consider her complaint further.

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Final decision

8. We will not investigate Miss X’s complaint because there are no good reasons the late complaint rule should not apply to her first complaint. And it is reasonable to expect her to complete the complaints’ procedure for her most recent complaint.

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Investigator's decision on behalf of the Ombudsman