Summary: We will not investigate this complaint about the Council’s actions after the death of Miss X’s parent. The complaint is late and there is no good reason for us to exercise discretion to investigate these matters now.

The complaint

1. Miss X said the Council failed after the death of her parent to support and advise. She said it also failed to check the suitability of accommodation and appropriate adult and financial 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. Following the sudden and tragic death of her parent, Miss X was given a home by an adult who remains in her life to this day. Given the year when Miss X would have turned 18, the matters she now complains of happened between 16 and 18 years ago.
7. Where a person is unaware of a matter until within 12 months of approaching us, we do not treat the complaint as late. Additionally, we may exercise discretion to investigate a late complaint someone has been aware of for more than 12 months if they have been unable to complain sooner. A person may have been held up by delays in complaint handling by the body complained about, or they may have been prevented in another way.
8. Mis X would have been aware of the Council’s alleged failings at the time they occurred or shortly after becoming an adult. But we would not expect Miss X to have complained when she was under 18. Nor would we expect her to have complained immediately on turning 18. And because she would have lacked the benefit of family advice, we would probably still have investigated matters had she approached us in her early twenties. But her complaint to us is more than 15 years after the matters complained of. She could have approached us much sooner.

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Final decision

9. We will not investigate Miss X’s complaint because it is late and there is no good reason to exercise the discretion available to us to consider these matters now.

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Investigator's decision on behalf of the Ombudsman