Oxfordshire County Council (23 004 520)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 21 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to remove false information held on file regarding Ms X. This is because the complaint relates to events that took place more than 12 months ago and it would have been reasonable for Ms X to bring the complaint to us at the time.
The complaint
- Ms X complained a Council social worker made false statements about her which negatively affected her. She also complained that the Council failed to respond to her complaint.
- Ms X said these matters have caused her stress and upset.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council in January and February 2021 about its involvement with her family and false statements made about her by a social worker and held on the Council’s records.
- The Council responded at Stage 1 of its complaints process in February 2021 and did not uphold her complaint. Ms X asked the Council to escalate the complaint to Stage 2 in March 2021 but did not respond to the Council's request for why she remained unhappy until June 2021. The Council then delayed responding to Ms X’s complaint until May 2022.
- Ms X remains unhappy with the situation and wants us to find the Council at fault. Whilst the evidence shows the Council delayed responding to Ms X’s request for escalation, the events Ms X is complaining about took place over two years ago. It therefore would have been reasonable for her to refer these matters to the Ombudsman much sooner. There is no good reason to exercise discretion to investigate this complaint now.
Final decision
- We will not investigate Ms X’s complaint because the complaint relates to events that took place more than 12 months ago and it would have been reasonable or her to bring the complaint to us at the time.
Investigator's decision on behalf of the Ombudsman