Summary: We will not investigate Mrs X’s complaint about the Council failing to provide her son with appropriate support. This is because her complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, some of her complaints are premature to us.

The complaint

1. Mrs X complains the Council failed to provide her son with appropriate support. She says the Council did not complete necessary assessments and did not allocate him an appropriate social worker.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X complains about matters that occurred more than 12 months ago. It is apparent from the evidence Mrs X raised a complaint with the Council in 2020. However, the Council said Mrs X did not have any consent from her son and so did not proceed with the complaint.
6. Given Mrs X was aware of her concerns at the time, and tried to complain, I am satisfied it was reasonable for her to have brought her complaint to us earlier. Mrs X has said she was unaware she could complain to us at the time. However, our position is we do not accept this as a good reason for why someone did not complain to us earlier. Mrs X has not provided any other reasons for why she did not complain earlier.
7. Therefore, we will not investigate this complaint as there are no good reasons to exercise discretion to consider the late complaint.
8. We could consider a complaint about the Council’s actions that occurred within the last 12 months. However, any complaint is premature to us because the Council has not yet had the opportunity to investigate her concerns.
9. I note that the Council initially declined to investigate her complaints due to not having consent from her son. However, Mrs X now has the consent of her son and so it is appropriate to give the Council an opportunity to investigate and respond to her complaints. It is open to Mrs X to make her complaint to the Council and to provide it with evidence of her son’s consent for her to make the complaint on his behalf.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because her complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, some of her complaints are premature to us.

Back to top

Investigator's decision on behalf of the Ombudsman