Summary: We will not investigate this complaint about the Council’s refusal to investigate Mr X’s complaint about historical social work involvement with his child. The complaint relates to events which occurred over 12 months ago, and it is unlikely we would find fault with the Council’s decision not to investigate it.

The complaint

1. Mr X complains the Council refused to consider his complaint about social work intervention, planning and support provided to his child several years ago.
2. Mr X says this caused distress.
3. Mr X wants the Council to properly consider his complaint and provide him with a remedy for any fault it identifies.

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The Ombudsman’s role and powers

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))
5. We consider whether there was fault in the way an organisation made its decision. 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)
6. 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

7. I considered information provided by Mr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The children’s statutory complaint procedure allows the Council to decline to take a complaint about matters which have occurred more than 12 months before the complaint was raised. It can do so, provided it explains why it has decided this, and does so on a case-by-case basis.
10. The Council emailed Mr X and explained its reasons for declining the complaint. Therefore, it is unlikely we would find fault if we were to investigate the Council’s decision and so we will not investigate this matter.
11. The 12-month period for complaining to the Ombudsman runs from the day the person affected had notice of the matters alleged in the complaint (i.e. the actions complained about).
12. I have considered whether there are good reasons for us to exercise discretion to consider Mr X's complaint. The law, explained in paragraph six, says we should not investigate late complaints. I acknowledge Mr X's comments about why he did not feel able to raise these matters sooner, but this does not displace the expectation in law that we will not investigate. 

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Final decision

13. We will not investigate Mr X’s complaint because it is unlikely we would find fault in the Council’s decision to decline his complaint, and because it is late.

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Investigator's decision on behalf of the Ombudsman