Summary: On the evidence currently available, we will not investigate Mrs X’s complaint about the lack of financial support from the Council to help her look after her nephews. This is because the complaint is late. We will not exercise discretion to investigate it because Mrs X could have complained sooner. There are no good reasons why the late complaint rule should not apply.

The complaint

1. Mrs X complains the Council failed to offer her financial support when her nephews came to live with her in 2017 due to a safeguarding concern. She says this has affected her greatly as she has had to spend her savings on her nephews. Mrs X would like the Council to provide her with financial support for taking care of her nephews and backdate this to 2017.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered the information Mrs X provided with her complaint. I also considered the information the Council provided. Mrs X had the opportunity to comment on the draft version of this decision. I considered any comments received by Mrs X before making a final decision.

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What I found

4. After a safeguarding incident in July 2017, the children had been allocated a social worker from the Council’s Assessment and Intervention Team who had completed a Child and Family Assessment for the children. Mrs X was happy to take care of the children short-term while the assessment and police investigation were carried out. The social worker was allocated to the children until October 2017.
5. The Council closed the case in October 2017 and it noted the children remained living with Mrs X and she indicated she would like to care for them long-term.
6. The Council stated once the Child and Family Assessment and police protection had expired, Mrs X became the significant carer for the children and it was a family arrangement. This was not arranged by the Council.
7. The Council said it understands Mrs X’s frustration however it does not consider Mrs X is owed three years of financial Support.

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Analysis

8. Mrs X began taking care of the children in July 2017. There is no evidence that Mrs X complained about the lack of financial support at the time or evidence that she was pursuing the issue.
9. It has been more than 12 months since Mrs X became aware of the issue she complains of. There are no good reasons why the late complaint rule should not apply. It is reasonable to expect Mrs X to have complained sooner.

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Final Decision

10. We will not investigate this complaint. This is because the complaint is late. We will not exercise discretion to investigate it because Mrs X could have complained sooner. There are no good reasons why the late complaint rule should not apply.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman