Summary: We will not investigate this complaint about a lack of childcare provision and a lack of replacement care provision in the area. This is because the complaint about childcare provision is made late, and the issue no longer caused the complainant an injustice. There is insufficient evidence of fault with how the Council is managing replacement care provision for adults.

The complaint

1. Ms X complains that the Council failed to provide sufficient childcare provision for years meaning she was unable to work when her son was a child. She also complains that not her son is an adult the Council are failing to provide replacement care provision to enable her, as an unpaid carer, to work.

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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, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council that it was failing in its duties under the Childcare Act 2006, to provide sufficient childcare provision to allow parents and unpaid carers can work. She also complained that the Council was failing in its duties under the Care Act 2014 to provide carers of adults with replacement care provision, to allow them to work.
7. The Council responded to Ms X’s complaint outlining the childcare provision available to parents and unpaid carers. The Council told Ms X that replacement care is available to carers however this is a charged service only provided when deemed necessary when the needs of a cared adult is assessed under the Care Act 2014.
8. I will not investigate Ms X’s complaint that there has been a lack of childcare provision in the Council’s area for years. Ms X’s son is now an adult and I see no good reason why Ms X could not have complained to the Council and then the Ombudsman when he was a child. Therefore, this element of her complaint is made late, and I see no good reason to exercised discretion and consider it now. Any lack of childcare provision in the area no longer causes Ms X or her son an injustice because he is now an adult.
9. I will not investigate Ms X’s complaint that the Council is failing to provide replacement care provision to enable carers like her to return to work. This is because there is insufficient evidence of fault by the Council. It has said this is a charged service that it only provides when a need is identified during a Care Act assessment. This is in line with the Care Act 2014 and in line with statutory guidance.

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Final decision

10. We will not investigate Ms X’s complaint because part of it is made late and because there is insufficient evidence of fault with how the Council has dealt with other matters.

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Investigator's decision on behalf of the Ombudsman