Summary: We will not investigate Miss X’s complaint about the information the Council gave her in 2009 about an allowance. There are no good reasons why the late complaint rule should not apply.

The complaint

1. The complainant, whom I shall call Miss X, says the Council gave her inaccurate information about a Special Guardianship Allowance (SGO).

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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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered Miss X’s comments on a draft version of this decision.

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My assessment

6. Miss X says that in late 2009, the Courts granted Miss X an SGO for Z, a child born to a relative of hers. She says when she agreed to care for Z, the Council offered an SGO allowance payment. She says the Council told her this would last for all of Z’s minor life and would not be means tested.
7. Miss X says she found out about 18 months later the allowance affects her benefits, such as housing benefit. She says this meant her home council interviewed her and ordered her to repay over paid housing and council tax benefit.
8. Miss X says around a year, to two years, later she complained to the Council but did not get the response she wanted.
9. In July 2021, Miss X complained to the Council again. She says it failed to properly explain to her back in 2009 what an SGO allowance was and its effect. The Council refused to investigate her complaint as it said the events are too old.
10. We will not investigate events known to Miss X for more than 12 months unless we have very clear reasons for doing so that satisfy the following two tests:
• We are confident that there is a realistic prospect of reaching a sound, fair, and meaningful decision, and
• We are satisfied that Miss X could not reasonably be expected to have complained sooner.
11. I am not satisfied in this case because Miss X complained some years ago and did not pursue it and she has known about the issues for more than 11 years.

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Final decision

12. We will not investigate this complaint. This is because there are no good reasons why the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman