Summary: Mr Z, on behalf of his grandson Mr X, complained the Council failed to provide appropriate support when he turned 18. The matters Mr Z raised were known to him in 2021 and he raised them with the Council at that time. This is a late complaint and falls outside the Ombudsman’s jurisdiction.

The complaint

1. Mr Z complains, on behalf of his grandson, Mr X, that the Council failed to provide appropriate support when he turned 18 in 2022.
2. Mr Z says Mr X would have received financial and other support if he had been care leaver rather than subject to a child arrangement order.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

4. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant’s representative;
• discussed the issues with the complainant’s representative;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

5. Mr Z has looked after his grandson Mr X since he was seven years old under a child arrangement order (previously known as a residence order). Mr X turned 18 in January 2022 and the discretionary funding provided by the Council ended.
6. Mr Z contacted an elected councillor in November 2021 explaining the situation and his concerns about the lack of support for Mr X after he turned 18. The Council wrote to the councillor in November 2021 saying it planned to work and support Mr X prior to the funding ceasing in January 2002 and this would include:
• Looking at whether he is entitled to any benefits in his own right making a referral to the money advice unit;
• Allocating a support worker to establish whether he is deemed eligible for any support from the Local Authority leaving care service; and
• Looking to see if he is entitled to an assessment of his needs as young person in his own right, to establish if he is a child with additional needs.
7. Mr Z contacted the Council again on 28 January 2022. The Council responded on 11 February 2022 confirming the action it had taken including that Mr X may be entitled to Personal Independent Payment and provided factsheets and links to the government website. It said it contacted the Leaving Care service which confirmed Mr X had no legal status as a care leaver as he had been subject to a residence order but that he could claim universal credit. It said the leaving care service said a request for a care assessment could be made to the Council’s social care services if Mr X had needs that impacted on his daily living. It included contact details.
8. The Council’s response also provided details of how to request assistance if Mr X required his own accommodation. It is my understanding that Mr X moved into his own property in December 2022. I have not seen any information to suggest Mr Z contacted the Council again for support for Mr X since January 2022.
9. The Ombudsman’s jurisdiction is governed by the 1974 Local Government Act. This states that she will not normally investigate a complaint unless it is made to her in writing within 12 months from the day the person complaining had notice of the matters they are complaining about. In this case, I consider Mr Z was first aware of this situation in November 2021 as this is when he contacted a councillor for support and received a response.
10. I appreciate it may not have been reasonable for Mr Z to have complained to us within 12 months if he was ill or incapacitated, believed that action was being taken by the Council, believed a solicitor was taking up the complaint or if he has not at any time allowed the matter to rest for more than a few months. There may also be other reasons why Mr Z did not contact us again until June 2024.
11. I invited Mr Z to show why he could not have complained to the Ombudsman sooner. He did not provide any further information and so there was no basis to exercise discretion to investigate this late complaint.

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Final decision

12. The complaint will not be pursued as it falls outside the Ombudsman’s jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman