Summary: We will not investigate this complaint about the lack of services and clubs to provide support for a child. This is because the complaint is late, and I see no good reason why it could not have been made sooner.

The complaint

1. Ms X complains about a lack of services and clubs to provide support for her son who is autistic.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council which responded in February and October 2022, advising Miss X how she could escalate her complaint further. After Miss X complained to the Ombudsman in March 2024, the Council spoke with Miss X who said her complaint is about the issues raised in 2022, but that there were also issues that had happened in the last 12 months that Miss X would be raising with the Council under a new complaint.
8. I will not investigate Miss X’s complaint about the issues addressed by the Council in 2022. This is because this complaint is made late, and I see no good reason why Miss X could not have escalated the matter with the Council and then the Ombudsman in 2022.
9. We may be able to consider a complaint from Miss X about matters happening in the last 12 months. However, she will first need to complete the complaints process. If dissatisfied with the Council’s responses she can then raise a new complaint with the Ombudsman and ask us to consider it further.

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Final decision

10. We will not investigate Miss X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman