Summary: We will not investigate Mr X’s complaint that the Council did not progress his complaint. This is because there is no evidence of fault in how the Council made its decision. His complaint to us is late and there is no good reason to exercise discretion to investigate.

The complaint

1. Mr X complains about the quality of the Council’s complaint response and its decision not to progress his complaint to the next stage of the children’s statutory complaints procedure.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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

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

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My assessment

7. The Council responded to Mr X’s complaint in October 2023. In November 2023, Mr X asked to escalate it to stage two. The Council then appointed an Independent Investigator and an Independent Person, following the children’s statutory complaint process.

8. Between December 2023 and May 2024, the Investigator and Independent Person tried to meet with Mr X. He would only meet face to face on a Saturday morning.
9. The Council tried to arrange a meeting, but it did not happen. The Investigator and Independent Person proposed to continue using the case files and Mr X’s earlier statements. In May 2024, Mr X withdrew his consent to go ahead.
10. In October 2024, Mr X contacted the Council and said he had not withdrawn consent. The Council offered to restart the investigation if he agreed.
11. Mr X didn’t respond until February 2025. The Council told him too much time had now passed to take the complaint forward.
12. I will not investigate Mr X’s complaint about the Council’s decision not to progress his complaint. This is because there is insufficient evidence of fault. The Council fully considered and justified its reasons for its decision. If there was no fault in the Council’s decision-making, we cannot question the outcome.
13. We will not investigate the substantive issues raised by Mr X. Mr X had access to the children’s statutory complaint procedure but delayed progressing it. Mr X’s complaint to us is late and there is no good reason to exercise discretion to investigate it now.

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Final decision

14. We will not investigate Ms X’s complaint. This is because there is no evidence of fault in how the Council made its decision. The complaint is also late and there is no good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman