Kirklees Metropolitan Borough Council (25 000 470)

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

Decision : Closed after initial enquiries

Decision date : 15 May 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about payment of fostering allowances. This is because the complaint is late, and there is no good reason for the delay in complaining to us.

The complaint

  1. Miss X complains that the Council did not pay her the correct fostering allowance in 2021.
  2. Miss X says this has caused distress and is seeking an apology and a back payment from the Council.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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)

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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. Miss X says the Council did not pay her the correct allowance in 2021. She initially complained to the Council in 2022. The Council responded with the decision that her payment would not be back dated, told her how to escalate her complaint and gave her information about the Ombudsman.
  2. We cannot investigate complaints brought more than 12 months after the person complaining knew about the matter, unless we decide there are good reasons. The relevant date I have considered this 12-month period to begin is March 2022, as I am satisfied Miss X knew about the issue she complains about then.
  3. Miss X did not contact us until 2025, and I am unable to see a good reason for the delay in coming to us.
  4.  

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Final decision

  1. We will not investigate Miss X’s complaint because the complaint is late, and there is no good reason for not coming to us sooner.

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Investigator's decision on behalf of the Ombudsman

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