Summary: We will not investigate Miss X’s historic complaint about the Council’s decision to allow her mother to have contact with her when she was a child in its care. This is because we could not carry out a full, fair and effective investigation of the matter now due to the very significant passage of time since the events complained about.

The complaint

1. Miss X complains the Council dismissed her request not to have contact with her mother when she was a child in its care. She says the Council’s disregard for her wishes has had a lasting negative impact on her mental health.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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. Miss X complained to the Council about the matter set out in paragraph one, above.
6. The Council told Miss X it would not accept the complaint for investigation. This is because it could not rely on individual’s recollections of these events now over a decade after they happened. It explained its decision not to accept the complaint had been made in discussion with senior officers. It signposted Miss X to this office if she remained dissatisfied.
7. We will not investigate Miss X’s complaint. The complaint is historic. The events raised in Ms X’s complaint happened over a decade ago and the Council has set out the difficulties it would have in being able to carry out an investigation now and reach a reliable view on the matter. These difficulties would also apply to any investigation by this office. I see no realistic prospect of us being able to carry out a full and fair investigation into this historic complaint now given the very significant passage of time of more than a decade since the events complained about and that it would need to rely on the recollections of individuals in order to reach a view.

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Final decision

8. We will not investigate Miss X’s complaint. This is because, due to the significant passage of time since the events complained about, we could not carry out an effective investigation and reach a fair and reliable view on the matter now.

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Investigator's decision on behalf of the Ombudsman