Royal Borough of Windsor and Maidenhead Council (21 013 774)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 02 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about children services actions in 2020. There are no good reasons the late complaint rule should not apply.

The complaint

  1. The complainant, whom I shall call Ms X, complains about the Council’s children services actions in 2020.

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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 Ms X and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. Ms X had an opportunity to comment on a draft version of this decision.

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My assessment

  1. In February 2020, Ms X says she asked the Council to provide safe accommodation for D, who was 16, and for whom Ms X is their mother. Ms X says the Council did not do so. She complained in June 2020. The Council replied in September 2020. Ms X asked the Council to escalate her complaint to stage two in May 2021. After emails between Ms X and the Council, it told her to approach us in August 2021. She complained to us in January 2022.
  2. The events Ms X complains about are more than 12 months old. There is insufficient evidence that Ms X has consistently pursued her complaint since then. There appears to be considerable delay between September 2020 and May 2021, and August 2021 and January 2022. This means there is no good reason why the late complaint rule should not apply.

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Final decision

  1. We will not investigate this complaint. This is because there are no good reasons why the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman

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