Summary: We will not investigate this complaint the Council used inaccurate information in a children social care assessment. The complaint is late and there are no good reasons to investigate now.

The complaint

1. Mrs X complained the Council had not followed the recommendations made at stage two and stage three of the Children’s Statutory Complaint procedure. She said following a previous complaint, the stage three panel found that an initial assessment completed by the Council in 2014 contained inaccurate information. Mrs X said despite this, the Council was still using inaccurate information in its assessment. She states the complaint remains unresolved and that the Council’s actions had led to the loss of her career, caused mental health difficulties and affected ongoing support.

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The Ombudsman’s role and powers

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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council in 2014 about a safeguarding investigation. The Council upheld her complaints in 2017 and offered a remedy. In 2021, Mrs X complained to us because she was unhappy with the outcome of the Council’s investigation. We issued a decision stating we would not investigate the complaint because it was late.
7. At the end of 2022, Mrs X made a new complaint to the Council. That was around how the Council were supporting her under child in need. In that complaint, she said the Council’s assessment included inaccurate information.
8. The Council sent Mrs X a stage one response in December 2022. In January 2023, the Council sent her a form to complete if she wanted to escalate her complaint to stage two. The Council states Mrs has not returned the form setting out her reasons for wanting a stage two investigation.
9. In February 2023, the Council wrote to Mrs X separately about her concerns around historical information in the assessment. It said it had completed all the recommendations following the stage three panel. It said it could not amend a closed assessment but had added notes to indicate changes. It said the Council had completed new assessments and these superseded the 2014 assessment.
10. We will not investigate Mrs X’s complaints relating to the assessment the Council completed in 2014, the outcome of its complaint investigation in 2017, and that it did not complete the agreed recommendations. That is because we have already considered these matters and issued a decision.
11. We will also not investigate Mrs X’s complaints about the Council’s involvement in 2022. Mrs X did not escalate her complaint to the Council, therefore, the complaint is premature as it has not completed the Council’s complaint procedure. However, it is now more than twelve months since the matters Mrs X complained of occurred. Therefore, the complaint is late, and there is no good reason to exercise discretion to investigate it now.

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Final decision

12. We will not investigate Mrs X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman