Summary: We will not investigate this complaint about the care of Miss X’s children. The complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

1. Miss X said the Council failed to make sure her children were properly cared for by foster carers and they suffered harm. She said the Council had failed to deal with this since 2014. She said her daughter died as a result.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The matters complained of date from 2014 and the years afterwards. They concern Miss X’s two children. I have seen an assessment carried out some years ago by another council where the children were living with the foster carers about whom Miss X complains. Given Miss X’s daughter’s date of birth as stated on the assessment and the age at which Miss X said she died, her death was at least five years ago.
6. Miss X’s son is now an adult and could make his own complaint to us about the Council if he chose. We have no consent for Miss X to represent him. As a former looked-after child, we would not necessarily expect him to do so within 12 months of the matters he might complain of.
7. Miss X was aware of the matters she now complains of several years before approaching us, and as she could have complained to us much sooner.

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Final decision

8. We will not investigate Miss X’s complaint because it is late and there is no good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman