Liverpool City Council (19 018 994)
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms X’s complaint about lack of support from the Council’s social services team when she was a child. This is because the complaint is late and there is no reason Ms X could not have complained earlier.
The complaint
- The complainant, whom I shall call Ms X, complains the Council’s social services team failed to support her when she was a child. Ms X says the Council failed to identify she was being abused.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Ms X, who is now 30 years old, complained to the Council in July 2018 about a lack of support when she was a child. Ms X complained after she received a response from the Council to a Subject Access Request. The Council said it would not investigate Ms X’s complaint because of the time that had elapsed. It suggested Ms X take legal advice – which she did.
- The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason why Ms X could not have complained much earlier, especially as she has been advised by a solicitor. Therefore the exception at paragraph 3 applies to her complaint.
Final decision
- The Ombudsman will not investigate Ms X’s complaint. This is because the complaint is late and there is no reason Ms X could not have complained earlier.
Investigator's decision on behalf of the Ombudsman