Manchester City Council (21 012 879)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 22 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s social work intervention with her family in 2011. Ms X complains late and could have complained sooner.
The complaint
- Ms X complains in 2011 the Council sent two social workers to her home to assess the needs of her child. Ms X says the social workers acted inappropriately. They searched the house and made a ‘sinister’ comment that she had a disability not her daughter. Ms X says she was taken to a police cell and interviewed under caution. Ms X says a few months later she learnt from a doctor that the case was closed. She moved out of the area. Ms X says she suffered trauma and still has nightmares. She says the Council should apologise, pay compensation for therapy and give training to the social workers.
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 have considered Ms X’s information and comments and reply to my enquiry about why she is complaining late.
My assessment
- I will not investigate this complaint for the following reasons:
- The complaint is outside the Ombudsman’s jurisdiction because Ms X complains late outside the ‘permitted period’ of 12 months (see paragraph 2 and 3 above).
- I will not exercise discretion to investigate because Ms X could have complained sooner. The reason Ms X gives for complaining late is that she feared retribution or the consequences of complaining. That is not sufficient to explain some 9 years of delay.
Final decision
- The Ombudsman will not investigate Ms X’s complaint about the Council’s social work intervention with her family in 2011. Ms X complains late and could have complained sooner.
Investigator's decision on behalf of the Ombudsman