Summary: We will not investigate this complaint about incidents which happened to Miss X in 2012 and 2013. There are no good reasons the late complaint rule should not apply.

The complaint

1. The complainant, whom I shall call Miss X, says the Council failed to protect her as a looked after child, and failed to properly investigate allegations she made in 2013.

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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)

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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.

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My assessment

5. Miss X says she was harmed while a looked after child in 2012. The Council says she did not report this until over 8 months later in 2013. Miss X says the Council failed to take her allegations seriously enough and failed to investigate them. She complained to the Council in April 2021.
6. The Council replied in August 2021. An officer had checked the files the Council held and gave information in reply to Miss X’s comments. It says it will not investigate Miss X’s complaint because the events are too old.
7. We will not dis-apply the requirement to complain within 12 months of the events, when the events are historic, unless we have very clear reasons for doing so that satisfy the following two tests:
• We are confident there is a realistic prospect of reaching a sound, fair, and meaningful decision, and
• We are satisfied the complainant could not reasonably be expected to have complained sooner.
8. I am not satisfied Miss X’s complaint passes these two tests because:
• It will be difficult to prove the material facts with reasonable confidence.
• It is likely to be more difficult to achieve a meaningful remedy, given the time that has already passed
• The Council’s account shows there are difference between Miss X’s recollections and the records.
• Miss X was 16 at the time of events and there are no reasons given why it has taken her until now to complain.

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Final decision

9. We will not investigate Miss X’s complaint because there are no good reasons the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman