The Ombudsman's final decision
Summary: We will not investigate this complaint about information the Council shared with the Disclosure and Barring Service about the complainant in 2022. This is because the complaint is late and there are no good reasons why we should exercise our discretion and investigate despite the passage of time.
The complaint
The complainant (Mr X) complains in relation to information about him which was disclosed by the Council to the Disclosure and Barring Service (DBS). The information concerned its safeguarding investigations it completed into Mr X and his care of an adult with care and support needs. Mr X complains the Council gave information to the DBS that allegations against him had been substantiated before he had been notified of the outcome of the investigation. Further, he complains the accusations are untrue and vexatious and without merit.
In summary, Mr X says the alleged fault has significantly and adversely affected his mental health and ability to take on further care roles. As a desired outcome, he wants the Council to carry out a thorough review into the allegations raised and to be held accountable for the alleged failings.
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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The law says we cannot investigate a complaint where the complainant became aware of the alleged fault more than 12 months ago, unless there are good reasons to exercise discretion. The complaint relates to the Council’s safeguarding investigation into alleged neglect and financial abuse by Mr X in 2021. In May 2022, the investigation was reopened and completed by the time of the Council’s final response to Mr X in June 2023. The Council’s final response followed Mr X raising concerns in February 2023 about information it had disclosed to the DBS about him.
The evidence shows Mr X has been aware of the issues subject to this complaint since the beginning of 2023. He has not actioned his complaint for 14 months since receiving a final complaint response from the Council. He brought his complaint to the Ombudsman in August 2024. The complaint is therefore late. I see no good reason to exercise our discretion and investigate despite the complaint being late. This is because there is no evidence to suggest the complaint could not have been brought to us sooner.
Final decision
We will not investigate this complaint because it is late and there are no good reasons why we should exercise our discretion in this respect.
Investigator's decision on behalf of the Ombudsman