The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about children’s placement with her in 2014. There are no good reasons why the late complaint rule should not apply.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s actions when she agreed to start caring for her grandchildren.
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 considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
Miss X had an opportunity to comment on a draft version of this decision.
My assessment
Miss X began caring for her three grandchildren in 2014 in an urgent situation. She says the Council forced her to look after them. She says they should have been considered ‘looked after children’ and been provided with the extra support that provides.
The Council says Miss X should have complained about this when she complained in 2017 about her Special Guardianship Allowance. Miss X says the children’s problems have increased with age. She has told the Council that she does not want support at the moment.
We cannot investigate a complaint about events known to Miss X for more than 12 months without good reasons. We do not have enough good reasons in this case because: I am not confident that there is a realistic prospect of reaching a sound, fair, and meaningful decision. This is particularly so given the events are now eight years ago. Officers’ recollections are less likely to be reliable and Miss X has sadly had lot to deal with since then.
I am not satisfied that Miss X could not reasonably be expected to have complained sooner. Whilst she has clearly had a very difficult time, she was able to complain in 2017. It is reasonable to expect her to have complained about the children’s placement then.
It is open to Miss X to complain now about the lack of support she has received in the last 12 months.
Final decision
We will not investigate this complaint. This is because there are no good reasons why the late complaint rule should not apply.
Investigator's decision on behalf of the Ombudsman