The Ombudsman's final decision
Summary: We will not investigate this late complaint about the actions of a Council support worker. There is no good reason to exercise the discretion available to do so.
The complaint
Ms X said a Council support worker treated her very unfairly and made her life very unliveable for several months starting in 2021. She said she has been unable to approach us before now because of how the support worker made her feel.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s complaint is late because she knew of the matters she now complains of between two and three years ago. We will only investigate a late complaint if there is a good reason that prevents someone from complaining sooner. Ms X has not provided any evidence that her mental health was so poor over a period of two years or more that she was unable to contact us sooner.
Final decision
We will not investigate Ms X’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman