London Borough of Southwark (24 001 880)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 08 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s children’s social care provision because the complaint is out of time.
The complaint
- Miss X complains the Council:
- Made incorrect decisions about her son’s placements;
- Did not properly address safeguarding concerns she raised regarding her son and;
- Holds factually inaccurate information in its records and assessments.
Ombudsman’s role and powers
- 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)
- We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s complaints to us concern matters arising from 2018 to 2022. The complaint is therefore late. On the information provided I consider there is no good reason to exercise discretion to investigate.
- Further, the Information Commissioner’s Office is better placed to consider any complaint that the Council holds or has refused to delete inaccurate information.
Final decision
- We will not investigate Ms X’s complaint because it is out of time.
Investigator's decision on behalf of the Ombudsman