Summary: We will not investigate Mr X’s complaint about the Council’s handling of his case when he was a child in its care over 20 years ago. The complaint is historic and there are no good reasons to exercise discretion to consider it now. We will not investigate Mr X’s complaint about the Council’s decision not to consider his historic complaint via its complaints procedure. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s handling of his case when he was a child in its care over 20 years ago. He also complains about the Council’s decision not to exercise discretion to consider his historic complaint now. He says the Council has misapplied the law and treated the 12 month time limit for making a complaint as an absolute bar rather than applying discretion to consider it.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about its handling of his case when he was a looked-after child over 20 years ago.
8. The Council told Mr X it would not investigate his complaint via its complaints procedure. This is because, due to the passage of time, it decided it would not be possible for it to carry out a fair and robust investigation into the issues raised now. It said that key records and personnel may no longer be available and its complaints process could not operate effectively given the delay in the complaint being raised. It explained it had made its decision in line with Regulation 9 of The Childrens Act 1989 Representations Procedure (England) Regulations 2006 and the relevant statutory guidance. It noted Mr X’s complaint referred to him seeking redress or compensation and it provided him with information about how to pursue a claim for compensation.
9. We will not investigate Mr X’s complaint about the Council’s historic actions when he was a child in the Council’s care. The complaint lies outside our jurisdiction because it is late and I see no good reasons to exercise discretion to consider it now. The difficulties the Council set out in being able to effectively investigate these historic events now would also apply to any investigation by this office. As such, there is no realistic prospect of us being able to carry out a full and fair investigation on these historic matters now given the very significant passage of time, of over 20 years, since the events complained about. Changes in staff, policies, casework practice, guidance and legislation over the years since then would also impact our ability to carry out a meaningful investigation and reach a clear view on the alleged fault now.
10. We will not investigate Mr X’s complaint about the Council’s decision not to exercise discretion to consider his complaint via its complaints procedure now. This is because there is no sign of fault in the way it made its decision. It has clearly explained how and why it has decided not to exercise discretion to consider it now and that it did so in line with the Regulations and statutory guidance. It is a decision it is entitled to make.

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Final decision

11. We will not investigate Mr X’s complaint about the Council’s handling of his case when he was a child. It lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now for the reasons set out above. We will not investigate Mr X’s complaint about the Council’s decision not to exercise discretion to consider his complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman