Summary: We will not investigate this complaint about treatment from social services during a Special Guardianship Order. This is because parts of the complaint are late, and we there are no good reasons to exercise discretion to investigate Miss X’s complaint. Additionally, parts of the complaint relate to matters which a court considered and it’s reasonable to have expected these matters to be raised at court at the time.

The complaint

1. Miss X complained the Council treated her and her family poorly during consideration of a Special Guardianship Order (SGO). Miss X states treatment from social workers caused stress for her and her family members, leading to time off work. Miss X was also unhappy the Council declined to investigate her complaint, saying it was late.
2. Miss X would like the Council to investigate the complaint, recognise errors and provide compensation for time off work.

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The Ombudsman’s role and powers

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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)).

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council in April 2025 about the actions of social workers in relation to an SGO between August 2023 and May 2024.
8. The Council told Miss X that they would not investigate her complaint because they were not able to consider complaints going back more than 12 months.
9. Miss X’s complaint covers events dating back to 2023. I will not investigate these matters, because they are late. We expect complainants to contact us within 12 months of them becoming aware of a problem. We can make an exception if there are good reasons the complaint was not made sooner. However, I have not seen good reasons why a complaint was not made sooner.
10. Additionally, there are parts of the complaint that concern court related matters. I will not consider these because it is reasonable to expect they could have been raised as part of the legal proceedings.

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Final decision

11. We will not investigate Miss X’s complaint because it is late, and we have not seen good reasons to explain why it is late. Additionally, there are parts of the complaint that relate to court action, and these could have been raised as part of the proceedings.

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Investigator's decision on behalf of the Ombudsman