The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about care of her child under a section 20 agreement or the Council’s communication about the matter because it is late and there are no good reasons for us to exercise discretion to consider the matter now.
The complaint
Mrs X complained about the Council’s care of her child, Y, while under a section 20 agreement. Mrs X also complained about the Council’s poor communication with her about the matter.
Mrs X said the matter caused her distress, frustration and uncertainty.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council sent Mrs X a final complaint response in December 2024. The response signposted Mrs X to the Ombudsman.
Mrs X brought her complaint to the Ombudsman in January 2026. The matters complained about occurred more than 12 months before this date. The complaint is therefore late.
I have seen no good reasons why Mrs X could not have complained to the Ombudsman sooner. The law says we cannot investigate late complaints unless we decide there are good reasons. Because I have seen no good reasons Mrs X could not have complained sooner, we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman