The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to investigate Ms X’s concerns about its actions relating to a special guardianship order. It is unlikely we would find fault in the Council’s decision, not to consider it.
The complaint
Ms X complained to the Council about how it responded to her concerns relating a family member who she had responsibility for under a special guardianship order (SGO). She said it failed to properly support her financially and did not adequately respond to safeguarding concerns. Ms X said this occurred between 2015-2021. She said the Council’s action caused her financial hardship and stress.
The Ombudsman’s role and powers
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council, and it considered her complaint but declined to investigate the complaint further.
The children’s statutory complaint procedure allows the Council to decline to take a complaint about matters which have occurred more than 12 months before a complaint was raised with it. It can do so, provided it explains its reasons why it has decided this, and does so on a case-by-case basis. The Council wrote to Ms X, explained its reasons in her case and therefore it is unlikely we would find fault if we were to investigate its decision.
I have considered whether there are good reasons for us to exercise discretion to consider Ms X's complaint. I do not see the reasons provided are sufficient to explain the long period of time before this complaint was made to us. The law, explained in paragraph three, says we should not investigate late complaints. I acknowledge Ms X's comments about why she did not feel able to raise these matters sooner. But this does not displace the expectation in law that we will not investigate unless we are satisfied the reasons given are good reasons.
Final decision
We will not investigate Ms X’s complaint because it is unlikely we would find fault in the Council’s decision to decline her complaint. And we will not consider it either because it is late.
Investigator's decision on behalf of the Ombudsman