Summary: We will not investigate this complaint about the Council failing to take responsibility for two children in 2019. The complaint is late and there is no good reason to exercise the discretion available to us to investigate it now.

The complaint

1. Mr X said the Council declined to take responsibility for two children of his family when they could not stay with their parents in 2019. He said the Council acted to induce panic among the family and cause them to agree to care for the children, while avoiding its own responsibility to support them immediately and in the long-term.

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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)

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How I considered this complaint

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

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My assessment

6. We will not normally investigate late matters, but we may exercise discretion to do so if there is a good reason. A person may have been unaware of the matter they complain of at the time it happened. And a person may have been unable to complain sooner.
7. Neither reason applies here. Mr X was aware of the Council’s actions at the time and could have complained to us much sooner. It his recent complaint to the Council, he stated he had taken advice that indicated what had happened was wrong. However, Mr X could have sought that advice much sooner after the events.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman