Essex County Council (19 016 990)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 24 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about social services’ involvement with his children because the complaint is late and there are no good reasons to exercise discretion to investigate the complaint now.
The complaint
- Mr X complains about the Council’s social services involvement with his children. He says that the Council did not take his concerns about his children’s welfare seriously and did not keep him informed about matters relating to his children.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the complaint and the information provided by Mr X. I have written to Mr X with my draft decision and given him an opportunity to comment.
What I found
- The issues about which Mr X complains occurred between 2007 and 2016. We have discretion to set aside the restriction outlined in paragraph two where we decide there are good reasons to do so. Having considered this complaint I have decided not to exercise discretion because:
- The further away an investigation takes place from the events to be investigated, the more difficult it is to reach a fair and meaningful decision. With the passage of time memories fade, Council officers may have left their employment and the available records may not provide a full picture of what happened.
- It is reasonable to expect Mr X to have complained to us much sooner. He has not provided any good reasons why he did not do so.
Final decision
- The Ombudsman will not investigate this complaint because the complaint is late and there are no good reasons to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman