Birmingham City Council (22 000 311)

Category : Children's care services > Looked after children

Decision : Closed after initial enquiries

Decision date : 05 May 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council allegedly failing to deliver all of the complainant’s possessions to her foster placement in 2018. This is because it is late and it is unlikely the Ombudsman would be able to add further to the investigation already carried out.

The complaint

  1. The complainant, whom I refer to as Miss X, complains the Council lost some of her items when it delivered her possessions to a new living placement in 2018. She is dissatisfied with the financial offer it has made.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))
  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

  1. I considered information provided by Miss X.
  2. I considered the Ombudsman’s Assessment Code.
  3. Miss X had the opportunity to comment on my draft decision.

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My assessment

  1. In 2018, Miss X’s personal possessions were collected from her previous accommodation and delivered to her new one by her social worker. In 2020, she complained to the Council that she had not received all of them at the time and wanted compensation for missing items. The complaint was considered under the statutory process for complaints about children’s services.
  2. At Stage 3 of the process, the Review Panel found the outcome of the complaint to be “inconclusive” because no inventory was taken of Miss X’s belongings before they were moved, and no other evidence was available to determine if items had been lost.
  3. Recommendations made by the Panel were accepted by the Council. It apologised for delays in its complaint process and offered a goodwill financial payment. Miss X disagrees with the amount offered.
  4. We will not investigate this complaint because it is late. Late complaints are where someone takes more than 12 months to come to the Ombudsman. The events about which Miss X complains took place in 2018, so this restriction applies to her complaint. There are no grounds to consider it now.
  5. It is also the case that it is unlikely we could add anything to the investigation the Council has carried out. The findings appear reasonable in the circumstances of the case and there are no grounds for the Ombudsman to intervene.

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Final decision

  1. We will not investigate this complaint. This is because the complaint is late and it is unlikely the Ombudsman would be able to add to the investigation already completed.

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Investigator's decision on behalf of the Ombudsman

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