The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about historic safeguarding action taken by the Council when she was a child. The complaint is late, and we decided we could not achieve a meaningful outcome due to the passage of time.
The complaint
Miss X complained about historic safeguarding action taken by the Council when she was a child in the 1990s.
Miss X said the matter caused her distress, frustration and uncertainty.
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 provider 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
We will not investigate this complaint. The matters complained about occurred more than 28 years ago. Because this case relates to matters that took place so long ago, we consider this to be a historic complaint.
In these cases, the Ombudsman applies a two-part test to determine whether to exercise discretion to consider the complaint despite the passage of time. These are: we are confident that there is a realistic prospect of reaching a sound, fair, and meaningful decision; and we are satisfied that the complainant could not reasonably be expected to have complained sooner.
If either one of the above tests is not met, we do not investigate.
In this case, the first test (a) is not met. This is because the events took place so long ago that we are not likely to reach a sound, fair, or meaningful decision. The evidence available is likely to be limited, current standards and professional practice cannot be applied, and the passage of time means it will be difficult to achieve a meaningful remedy based on the Ombudsman’s role and powers.
Consequently, we will not exercise discretion to consider this complaint because it is late.
Final decision
We will not investigate Miss X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman