Wigan Metropolitan Borough Council (23 012 843)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 08 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this late complaint about a lack of support from the Council when Mrs X became a family foster carer. There is not a good reason for the delay in bringing the matter to the Ombudsman.
The complaint
- Mrs X complained about how the Council handled her grandchildren’s case when they came to stay with her. She says the Council did not provide the financial help it should have to her as a family foster carer, and the events had several other knock-on impacts on her financial situation. She says this has caused significant distress.
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 considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X’s complaint is about a lack of help and support when her grandchildren came to stay with her in 2018 and 2019. She says the events impacted her significantly financially, having knock-on effects on her ability to earn and to apply for COVID-19 business grants. She estimates she has been put to a financial detriment of around £25,000.
- Mrs X complained to the Council in 2021. The Council responded and signposted her to the Ombudsman in April 2021. The law says people should bring complaints to us within 12 months of becoming aware of the matter. Given that the 12 month period would have started no later than when the children left her care, and also given that a further two and a half years passed after Mrs X received her final complaint response from the Council, this complaint is late.
- I have considered whether there is good reason for the delay that would mean we could choose to investigate the matter. I have considered the significant distress Mrs X says she experienced. However, it is common for complainants to be experiencing significant distress when they bring their matter to us. Mrs X was in frequent contact with the Council while she complained to it, and I am satisfied she could have also escalated her complaint to us in April 2021. We cannot now investigate the complaint.
Final decision
- We will not investigate Mrs X’s late complaint because there is not a good reason for the delay in bringing the matter to the Ombudsman.
Investigator's decision on behalf of the Ombudsman