Summary: The Ombudsman will not investigate Miss A’s complaints about the Council’s involvement with her childhood from 2003 and her experience living in its care. The complaint is outside the Ombudsman’s jurisdiction because Miss A complains late. Miss A also has or had a legal remedy if she wishes to pursue a claim against the Council for harm to her health or damages.

The complaint

1. Mr X complains for his daughter Miss A that the Council’s intervention in her childhood from 2003 harmed her welfare. He says the Council placed Miss A with her grandmother who could not cope. She then lived in care where her behaviour became uncontrollable. Miss A says she had thirteen changes of placement which did not fit her racial background. She says her education broke down and a member of staff at one home assaulted her. Miss A says the Council did not help her or provide counselling. She says she has suffered from anxiety and depression. Mr X and Miss A want the Council to apologise and pay compensation.

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The Ombudsman’s role and powers

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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered Mr X’s information and comments and those by Miss A. I have considered the comments of the other children Mr B and Ms C who have also complained to the Ombudsman.

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What I found

6. Mr X says in 2003 the Council intervened in his family due to allegations of physical and emotional abuse. There is a 2004 record of Miss A making a serious allegation against her father. Mr X says in late 2005 he was prosecuted for assaulting Miss A but the case was dropped.
7. Between May 2005 and June 2006 the Council took care proceedings. This resulted in Miss A being placed on a care order and living away from the parental home for the rest of her childhood.
8. The information shows Miss A committed criminal offences. Mr X says she ran away from placements and was uncontrollable. There is a document which states that Miss A was accused of assaulting a member of staff who did not wish to press charges.
9. Miss A says she, ‘was a very confused young person’. She was not on a care order after 2009 having reached adulthood. Miss A says when she was twenty-five the Council ‘dropped’ her and she was left as a young mother. She says she has experienced pain and suffering.
10. On 20 October 2011, the Council wrote to Mr X and partly upheld his complaints. It says it failed to keep him properly informed about problems with Miss A.
11. On 7 March 2012, a barrister advised Mr X that, on the basis of the Council’s complaint reply, he and his wife had grounds to claim damages for breach of human rights. Mr X’s solicitor was advised to make a claim with the Council. In 2015 the Council wrote to Mr X saying it had passed his complaint to its insurance section to deal with as a claim. The Council says it has no record of a payment being made.
12. Mr X complained to the Ombudsman in July 2019. Miss A wrote and supported the complaint. She says she wants to claim damages. Mr X says he did not know about the Ombudsman until last year. He has provided medical letters showing he has had significant health problems since 2018.

Analysis

13. I will not investigate this complaint for the following reasons:
14. Miss A’s complaint is about events before July 2018 and is outside the Ombudsman’s jurisdiction because the complaint is made late. There is a legal requirement that a person should complain within the ‘permitted period’ of 12 months of knowing about the issue (see paragraph 2 above).
15. I will not exercise discretion to investigate the late complaints for the following reasons:
16. Miss A could have complained to this office sooner. Miss A ceased to be legally in care in 2009 and she says the Council stopped giving her support around 2016.
17. Mr X should have known their options having had legal advice in past years, due to the court cases, and advice about a claim against the Council in 2012. He also complained to the Council on more than one occasion.
18. The Ombudsman cannot investigate matters considered by a court (see paragraph 3 above). This includes the evidence and decision that Miss A should be on a care order made in court proceedings in 2005/06.
19. Some of the complaint is outside jurisdiction because Miss A has or had a legal remedy (see paragraph 4 above). A claim of damage to health is a matter for a court. I consider it reasonable for Miss A to use or have used her legal remedies if she wishes to pursue a claim for damages. A court has the power to determine such a claim.

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Final decision

20. The Ombudsman will not investigate Miss A’s complaint about the Council’s involvement in her childhood and her experience living in its care. The complaint is outside the Ombudsman’s jurisdiction because Miss A complains late. Miss A also has or had a legal remedy if she wishes to pursue a claim that the Council has harmed her health.

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Investigator's decision on behalf of the Ombudsman