Summary: We will not investigate this late complaint about poor care of Miss X as a looked-after child and when she left care. The matters complained of happened several years ago, and there is no good reason to exercise discretion to investigate them now.

The complaint

1. Miss X complained of poor care when looked after foster carers, and that the Council placed her in a hostel at age 17 when a carer retired. She said the Council later failed to assist her when she was in a toxic relationship.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Based on the date of birth Miss X gave the Council, the matters she complains of are several years in the past, many of them more than a decade past.
7. We have discretion to consider late matters where a person was unaware of them until recently, or where a person has been unable to complain until recently. Miss X was aware of the matters she complains of at or near the time they occurred. We would not, however, expect her to have complained at the time, as care leavers do not have the support networks available to most young adults. We may exercise discretion to consider complaints from care leavers in their early twenties. But where a young person has reached their late twenties, we would need an exceptional reason to take the view they could not have complained to us earlier. In this case, the passage of time is such that I take the view Miss X could have approached us 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 the discretion available to us to investigate it now.

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Investigator's decision on behalf of the Ombudsman