Summary: We will not investigate Ms X’s historic complaint about the Council’s actions in its child protection involvement with her family when she was a child. 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. Ms X complains the Council failed to safeguard her when she was a vulnerable child and that she was subject to sexual, mental, emotional and financial abuse as a result. The Council was involved with Ms X’s family between 2008 and early 2009. Ms X only became aware of events recently after she received her files following a subject access request.

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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)
3. It is our decision whether to start an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), 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. Ms X complained to the Council about the matters set out in paragraph one, above.
7. The Council told Ms X it would not investigate her complaint. It explained there were significant difficulties posed in it being able to investigate the matter now. This included that the events happened 16-17 years ago and the only available information is that held on the case files. Due to the passage of time it could not ask staff about their recollection of events, their involvement or whether actions were taken in line with the law and guidance in place at the time. This meant it would not be able to reconcile any discrepancies between the records and the recollections of those involved. It explained it was very unlikely it would be able to determine what happened and why to a sufficient standard to reach a robust decision now. Also the Council’s policies, procedures and practices have changed significantly over the past 16 years and so it would be difficult to apply current standards to historic events to decide whether there was fault at the time or to achieve a meaningful outcome or remedy and so for these reasons it would not investigate her complaint.
8. We will not investigate Ms X’s complaint. The complaint is historic. The events raised in Ms X’s complaint happened 16-17 years ago. The Council has set out the significant difficulties posed in it being able to carry out an effective investigation into these events now and to reach a reliable view on the issues raised. All these difficulties would also apply to any investigation by this office. There is 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 for the same reasons set out in the Council’s response.

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Final decision

9. We will not investigate Ms 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 issues raised now.

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Investigator's decision on behalf of the Ombudsman