Kirklees Metropolitan Borough Council (22 015 695)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 08 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Council staff interviewing the complainant at her place of work and causing her to feel distressed and humiliated. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint has been made late to us outside of our usual 12-month time period for accepting complaints. And, I have seen no evidence the complainant could not have complained to us earlier.

The complaint

  1. Mrs X complains about the Council’s social workers turning up at her place of work in 2017. She says this incident left her feeling distressed and humiliated.
  2. Mrs X says she never went back to work after this incident as it adversely affected her wellbeing and career. She would like more than an apology.

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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. I also considered the Ombudsman’s Assessment Code.

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What I found

  1. The Council advises that it has no records of this incident but confirms interviews are usually carried out in the family home. It apologizes for the distress caused.
  2. I am satisfied that Mrs X has made her complaint late to the Ombudsman so we will not investigate. I have seen no evidence to indicate Mrs X could not have complained earlier instead of several years after the events in question even if she was pregnant for some of this time.

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Final decision

  1. We will not investigate Mr Y’s complaint because it is late and there is no exceptional reason why she could not have complained earlier.

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Investigator's decision on behalf of the Ombudsman

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