London Borough of Merton (25 007 682)
Category : Children's care services > Fostering
Decision : Closed after initial enquiries
Decision date : 04 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s involvement with Mr X’s family. The complaint is late and there are no good reasons for us to exercise discretion to consider it now.
The complaint
- Mr X complained the Council did not pay him the correct fostering allowances while it was involved with his family between 2010-2020. Mr X also complained the Council did not handle his complaint appropriately.
- Mr X said this caused a negative emotional impact and meant he could not appropriately provide for his family.
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council did not pay him the correct allowances while it was involved with his family between 2010-2020. Mr X also complained the Council would not consider the matter through its complaint procedure.
- Mr X said he raised this issue with the Council between 2010-2020, but there is no evidence to suggest the matter was considered as a formal complaint.
- Mr X subsequently raised the matters with the Council as a complaint in 2025, but the Council refused to consider it under its complaint procedure.
- As outlined in paragraph four, we cannot investigate a complaint where somebody has taken more than 12 months to complain to us, without good reasons.
- We do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint but have seen no good reasons to do so. For this reason, we will not investigate this complaint.
- Additionally, as we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of Mr X’s complaint because it is not proportionate to do so.
Final decision
- We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons for us to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman