Summary: We will not investigate the Council’s response to Mr X’s complaint about the care provided to him when he was a looked after child. This is because the Council has agreed to review its decision not to investigate his complaint. It would not be proportionate for us to investigate.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council had refused to consider his complaint about the care provided to him when he was a looked after child.

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The Ombudsman’s role and powers

2. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. Mr X complained to the Council about a lack of support and advice when he was a looked after child. Mr X previously complained to the Council in 2023 and withdrew his complaint. When Mr X complained again in 2025, the Council said it would not investigate as his complaint was about events from more than a year ago.
6. ‘Getting the Best from Complaints’ is statutory guidance on how councils should deal with complaints falling under the children’s services statutory complaints procedure. Paragraph 3.3.1 of the Guidance states “Local authorities do not need to consider complaints made more than one year after the grounds to make the representation arose (regulation 9).”
7. But the Guidance also goes on to state decisions should be “made on a case-by-case basis and there should generally be a presumption in favour of accepting the complaint unless there is good reason against it.” The Guidance goes on to give possible grounds for accepting complaints made after a year.
8. Councils therefore have a wide discretion to investigate older complaints. We expect councils to apply the above discretionary test on a case-by-case basis.
9. We asked the Council how it had applied the Guidance to Mr X’s case. In response to our enquiries the Council agreed to review Mr X’s complaint. The Council should now progress Mr X’s complaint to the statutory complaints process or explain why it will not do this.
10. Once the statutory complaints process is complete, or the Council has decided not to investigate, Mr X could make a fresh complaint to the Ombudsman if he was unhappy with the outcome.

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Final decision

11. We will not investigate Mr X’s complaint because the Council has agreed to review its decision. An investigation by the Ombudsman would not be proportionate.

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Investigator's decision on behalf of the Ombudsman