Summary: The Ombudsman will not investigate this complaint about events between 1974 and 1986 when the complainant was looked after by the Council. This is because we cannot achieve the outcome the complainant wants.

The complaint

1. Mr X complains about events between 1974 and 1986, when he was looked after by the Council.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• 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)

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How I considered this complaint

4. I read Mr X‘s complaint and considered an earlier decision by the Ombudsman, 18 019 721. I have also given Mr X an opportunity to comment on a draft before reaching a final decision.

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What I found

5. Mr X was looked after by the Council as a child from 1974 to 1986. He says he suffered abuse and harm during this time that has caused him significant difficulties as an adult. He wants compensation from the Council. When he came to us previously, the Council offered to appoint an independent person to explore Mr X’s complaint with him and see if the records available suggested there were matters that needed remedy. We closed Mr X’s complaint on that basis. I have seen no evidence the independent person found any reason for remedy. Mr X remains dissatisfied.
6. The complaint about events from 1974 to 1986 is late, although this is not Mr X’s fault as survivors of childhood trauma can take significant time to be able to confront what happened to them. However, it is four decades since these events and records from the 1970s and 1980s are usually limited. There have also been changes in rules and regulations since then. Together, these difficulties make it unlikely we could carry out an effective investigation or achieve the outcome Mr X wants.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because we will not be able to carry out an effective investigation or achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman