Summary: We will not investigate this late complaint about the alleged failure of the Council to register Mr X as a British citizen when he was in care as a child. The documents I have seen show Mr X was aware of the matters he now complains of as an adult in 2017 and was able to complain at that time. There is thus no good reason to exercise discretion to investigate the late complaint now.

The complaint

1. Mr X said the Council failed to register him as a British citizen when he was in care as a child.

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The Ombudsman’s role and power

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 considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not usually investigate late complaints. However, we may do so if a person was unaware of the matters about which they now complain until recently. We may also do so if they were prevented from complaining. We would not expect a child to be able complain within 12 months.
7. In Mr X’s case neither reason applies. I have seen a solicitor’s letter written on his behalf in 2017 dealing with his statelessness and the consequences of that for him. Mr X was an adult in 2017. The letter shows Mr X was aware of the matter he now complains of in 2017. It also shows he was able to complain in 2017.

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Final decision

8. We will not investigate Mr X’s complaint because it is late and there is no good reason to use our discretion to investigate the matters he complains of now.

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Investigator's decision on behalf of the Ombudsman