Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to reconsider the outcome of a complaint it investigated in 2017 and the remedy it agreed. This matter is historic and there is no good reason to investigate it.

The complaint

1. Mrs X said the Council wrongly refused to reconsider the outcome of a complaint it investigated in 2017. She said the Council’s ongoing failure to do what it said has prevented her from resuming university studies.

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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)

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How I considered this complaint

4. I read Mrs X’s complaint. I gave her an opportunity to respond to a draft decision.

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What I found

5. The Council investigated a complaint by Mrs X in 2017 following a safeguarding investigation after an incident at her home. The Council upheld her complaints in 2017 and offered a remedy. The complaint is thus historic.
6. Mrs X was dissatisfied with the Council’s actions in remedy and sought legal advice in 2018. We would expect any legal advisor to be aware of our existence. Free advice is also available.
7. Mrs X was aware of the matter she complains of by 2018, and able to pursue it. She could have approached us sooner.

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Final decision

8. We will not investigate this complaint. This is because it is historic and there is no good reason to exercise discretion to consider it.

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Investigator's decision on behalf of the Ombudsman