Torbay Council (21 005 698)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 07 Sep 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about an autism assessment cancelled in 2015. The complaint is late and there is no good reason to exercise discretion to investigate it now.

The complaint

  1. Ms X said a Council officer wrongly cancelled an autism assessment for her child in 2015, blaming her parenting instead for the child’s behaviour. She said it has recently become clear her child has autism and that this means her complaint is not late.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The complaint is late. Ms X was aware of the cancelled assessment in 2015 and could have approached us much sooner if she was dissatisfied with the Council’s decision.

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Final decision

  1. We will not investigate Ms X’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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