Summary: The Ombudsman will not investigate this complaint about the lack of support provided to the complainant when she was a child. This is because an absence of records, and the time that has passed, mean it would be impossible to carry out an effective investigation.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council failed to provide any support after her mother died when Ms X was five years old.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
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)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

5. I read the complaint and asked the Council if it had any information about Ms X. I invited Ms X to comment on a draft of this decision.

Back to top

What I found

What happened

6. Ms X’s mother died when Ms X was a young child. Ms X, and her siblings, went to live with a neighbour. Ms X says the Council gave no support to the neighbours or to the children. She also says the Council failed to ensure that her father paid maintenance. Ms X says she has suffered from feelings of abandonment due to the lack of support.
7. The Council has no knowledge of Ms X and no records about her. It has not received any complaints from her. The Council will not accept a complaint because it has no records so it could not respond.
8. Ms X wants an apology and for the Council to pay compensation to the neighbours.

Assessment

9. Ms X complains about events from between 2001 until about 2015. She complains about a lack of help and support from the Council. The Council, however, has no records about Ms X and knows nothing about what happened during these years. The absence of records means that neither the Council nor the Ombudsman could carry out a meaningful investigation.
10. Ms X has complained about the lack of support offered to her neighbours/carers. Her carers could make a complaint to the Council if they wished to do so. However, due to the passage of time, they may find that the Council is unable to deal with a complaint and may not have any records.

Back to top

Final decision

11. I will not start an investigation because the lack of records mean I could not carry out an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman