The Ombudsman's final decision
Summary: We have not investigated Mr X’s complaint about historic abuse he suffered at a residential school prior to 2013. The complaint is too old and, even if it were not, we could not achieve the outcomes he wants.
The complaint
The complainant, whom I refer to as Mr X, complains that the Council refused to investigate his complaint about suffering abuse while he attended a residential school prior to 2013.
Mr X says he wants this matter to go to court and he wants compensation to address the consequences of the abuse he suffered.
The Ombudsman’s role and powers
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)
How I considered this complaint
I spoke to Mr X about his complaint, and considered information from Mr X and the Council.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Mr X, who is now 28 years old, attended a residential school until the age of 18. He says he suffered abuse at the school which continues to have long-term consequences for his mental health.
Although I have no reason to doubt the impact Mr X’s experiences at school continue to have on him, this complaint is very late (as the events complained about are at least ten years old), and I do not consider there to be good reasons why Mr X could not have complained before now.
Because of this, I cannot investigate Mr X’s complaint.
Even if I could investigate Mr X’s complaint despite its age, I could not achieve the outcomes he wants, which are to go to court and get compensation. If he wants to pursue this matter he should seek legal advice.
Final decision
I have not investigated Mr X’s complaint about historic abuse he suffered at a residential school prior to 2013. The complaint is too old and, even if it were not, we could not achieve the outcomes he wants.
Investigator's decision on behalf of the Ombudsman