Summary: We will not investigate this complaint about support and services the Council has provided to the complainant’s son. The complaint is late and there are no grounds for us to consider it now.

The complaint

1. The complainant, who I will refer to as Ms X, complains that the Council has failed to act in her son’s interests since 2018. As a result, his welfare and prospects have suffered detriment.

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The Ombudsman’s role and powers

2. 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)
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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. Ms X’s son is 16 and lives with his father. He is the subject of a Child in Need plan. Ms X complains that, since she brought her concerns about her son’s welfare to the Council’s attention in 2018, it has failed to take appropriate action to support him. She complains that, as a result, her son has lived in an unsuitable environment and his welfare and prospects have suffered.
7. The Council has used its right to decline to consider Ms X’s complaint through the statutory complaint process, on the grounds that Ms X has been aware of the matter for more than 12 months. It also says Ms X’s son is satisfied with the current provision and does not want the complaint to be pursued.
8. The Ombudsman will not investigate Ms X’s complaint. Her complaint about matters dating back to 2018 is late. Late complaints are when someone takes more than 12 months to complain to us. This restriction applies here and there are no grounds for us to investigate the matter now.
9. Matters within the last 12 months would fall to us to consider. But there is no evidence that Ms X’s son wants his mother to complain on his behalf. Without such evidence, she cannot be regarded as his representative in the matter and the Ombudsman cannot intervene.

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Final decision

10. We will not investigate Ms X’s complaint because it is late and there are no grounds to consider it now.

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Investigator's decision on behalf of the Ombudsman