Derby City Council (22 013 306)

Category : Children's care services > Friends and family carers

Decision : Closed after initial enquiries

Decision date : 27 Jan 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision not to award backdated kinship care payments. That is because the complaint is late.

The complaint

  1. Mrs X complained the Council did not make Kinship payments to her after it placed her grandchildren in her care in 2005. She said the Council had only made Kinship payments since 2016. She wants the Council to pay her the Kinship payments she was entitled to between 2005 and 2016.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Mrs X’s complaint about the Council’s decision not to make kinship payments from 2005 – 2016. Mrs X did not complain to the Ombudsman until 2023, therefore this complaint is late. We have discretion to set aside this restriction where we decide there are good reasons. In this case, I have decided not to exercise my discretion because it was reasonable for Mrs X to of complained to us sooner if she was unhappy with the financial support the Council provided her from 2005 – 2016.

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Final decision

  1. We will not investigate Mrs X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman

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