Summary: We will not investigate Ms X’s complaint about the content of the Council’s assessment for her child. The complaint is late and there is no good reason to decide to investigate now. In any case, there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complains the Council recorded false and unfounded information about her in an assessment for her child. She says this has ruined her relationship with her child. She wants the Council Officers involved to answer for the false information.

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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. 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))

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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. Ms X complains about the content of an assessment the Council completed in 2022. The Council has explained it will not investigate Ms X’s complaint about this now because it is late. The Council has also advised Ms X that it has already placed a record of her comments about the content of the assessment on its records for her child.
8. We usually expect people to complain to us within 12 months of the events they are complaining about. Any issues Ms X continues to have about the Council’s handling that occurred more than 12 months prior to her bringing this complaint to us are now late. We can exercise discretion to consider late complaints if there is good reason to do so. I have not enquired whether there is a good reason, because even if we investigated it is unlikely we would find evidence of fault.
9. If Ms X believes the Council’s assessment contains false information about her or her child, she may pursue her legal right to rectification with the Information Commissioner's Office (ICO). We have no power to intervene in such matters. The most we would wish to see is that a record of her dissenting views is added to the Council’s records. The Council has confirmed it has taken this action, so this has already been achieved, and we would not seek anything further.

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Final decision

10. We will not investigate Ms X’s complaint because it is late and there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman