Summary: We will not investigate this complaint about the Council’s action relating to a Child in Need. A complaint about the Council’s actions is now late and there are no good reasons to exercise discretion to consider it now.

The complaint

1. X complained the Council had not done enough to support their child (Y) since 2022. X said despite them making referrals to the Council it had not taken any effective action or properly considered Y’s case.
2. X said this has had a significant effect on their mental wellbeing.

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The Ombudsman’s role and powers

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 I considered the Ombudsman’s Assessment Code.

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My assessment

6. X complained to us in July 2026. X said the Council’s actions relating to their child (Y) was ineffective. They were also concerned it had not considered the referrals, they and other professionals had made to the Council, about Y.
7. X was particularly concerned the Council had not considered their case at a Multi-Agency Risk Assessment Conference.
8. X provided us with complaint correspondence, which sets out how the Council responded to their contact about Y, from 2022 onwards. The Council’s response, at stage two of the three-part children act complaints procedure is dated August 2023.
9. A complaint about matters up until that point is now late. I have not seen evidence of good reasons about why a complaint could not have been made to us sooner, about the Council’s response at that time.
10. I acknowledge X has said they are still dissatisfied with the Council’s response to their concerns about Y, more recently. However, the law I have referred to at paragraph three, means we should not investigate X’s complaint until we are satisfied the Council has had an opportunity to investigate a new complaint about matters that have happened since August 2023.
11. It is then open to X to raise a new complaint with us, if they are still unhappy with the Council’s final reply to that new complaint.

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Final decision

12. We will not investigate X’s complaint because it is late and there are no good reasons why a complaint could not have been made sooner.

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Investigator's decision on behalf of the Ombudsman