Summary: We will not investigate this complaint about the Council’s refusal to investigate Miss X’s concerns about how it safeguarded her while she was a Looked after Child. The complaint relates to matters which occurred over 12 months ago, and it is unlikely we would find fault in the Council’s decision, not to consider it.

The complaint

1. Miss X complained to the Council about its failure to safeguard her as a Looked after Child. Miss X also said it also failed to secure her appropriate placements. Miss X said this occurred between 2012-2023. She said the Council was negligent and this allowed her to be exposed to abuse and harm, and caused her long-term mental health and behavioural problems.

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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 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I have read the correspondence Miss X sent to us and understand this will have been a challenging and difficult experience for her to complain to us.
7. Miss X complained to the Council, and it initially met with her to try and explain its earlier decisions and actions while she was a Looked after Child. It also said it was working with other organisations in relation to some of the matters she complained about. However, the Council declined to consider Miss X’s representations as a complaint.
8. The children’s statutory complaint procedure allows the Council to decline to take a complaint about matters which have occurred more than 12 months before a complaint was raised with it. It can do so, provided it explains its reasons why it has decided this, and does so on a case-by-case basis. The Council wrote to Miss X, explained its reasons in her case and therefore it is unlikely we would find fault if we were to investigate its decision.
9. I have considered whether there are good reasons for us to exercise discretion to consider Miss X's complaint. The law, explained in paragraph three, says we should not investigate late complaints. I acknowledge Miss X's comments about why she did not feel able to raise these matters sooner. But this does not displace the expectation in law that we will not investigate. 
10. Finally, the Council said it had provided support to Miss X to explain some of its earlier decisions and that it was willing to continue to do so to help her understand her life story. It is now open to Miss X as to whether she takes this offer up.

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Final decision

11. We will not investigate Miss X’s complaint because it is unlikely we would find fault in the Council’s decision to decline her complaint. And we will not consider it either because it is late.

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Investigator's decision on behalf of the Ombudsman