Summary: We will not investigate Ms X’s complaint that the Council refused to accept her complaint because it concerns events that happened more than 12 months ago. There is not enough evidence of fault in the Council’s decision to justify investigating.

The complaint

1. Ms X complains the Council refused to respond to her complaint because it concerns events that happened more than 12 months ago.

Back to top

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 we 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), section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X complains about her dealings with children’s services. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect Ms X’s anonymity.
6. The Council explained the reasons for its decision not to accept Ms X’s complaint now, including why it believed Ms X could have complained sooner.
7. Ms X disagrees with the Council’s decision. She says she could not have complained sooner because she only recently received information from the Council in a subject access request. She asks us to overturn the Council’s decision.
8. There is not enough evidence of fault in the Council’s decision Ms X could have complained sooner to justify an investigation by us.
9. Ms X complained to us about similar issues in 2024. We declined to investigate her complaint because it concerned reports the Council was instructed to prepare by a Court. We cannot investigate complains about court reports. The new information Ms X says she has recently obtained do not alter our decision.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman