Summary: We will not investigate this complaint about the Council’s actions in connection with Mr X’s contact with his relative. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to find evidence of fault in the Council’s response about Mr X being blocked from a social media application and the other issues Mr X raises happened too far back in time for the Ombudsman to investigate now.

The complaint

1. Mr X complained about various issues in connection with his lack of contact with a relative who lives in Council supported accommodation.
2. Mr X has explained the stress he has experienced from not being in contact with his relative.

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The Ombudsman’s role and powers

3. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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)
5. 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))

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How I considered this complaint

6. I considered information provided by the complainant and I also spoke to him.
7. I considered the Ombudsman’s Assessment Code.

My assessment

8. Mr X has explained that he has concerns about the way the Council may be managing contact between him and his relative. He also raised issues going back over several years and believes the Council is failing to take his concerns seriously.
9. The response from the Council that is within time (from November 2024) says it has no control over social media applications, and it cannot be held responsible if Mr X cannot contact his relative via the application in question. It also advises Mr X that it cannot look again at historic issues concerning the Council’s handling of his contact with a relative.
10. We will not investigate as we are unlikely to find fault with the Council’s response given it does not manage the application in question. We also would not look at historic issues as we would expect Mr X to bring them promptly within 12 months of becoming aware.

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Final decision

11. We will not investigate Mr X complaint because we are unlikely to find fault and also because the other issues have been made late outside of the Ombudsman’s usual 12-month time period for raising complaints.

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Investigator's decision on behalf of the Ombudsman