Summary: We will not investigate this late complaint about child protection and Miss X’s children. There is no good reason to exercise the discretion available to us to consider this matter now.

The complaint

1. Miss X said the Council failed to follow the correct child protection procedures with her two children. The correspondence she provided indicated these matters happened more than ten years ago.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. If a person is unaware of a matter until more than 12 months after it happens, we may investigate a complaint about it. We may also investigate a late complaint if a person could not have complained sooner. Miss X could have complained to us much sooner about matters more than 10 years ago she was aware of, specifically decisions about her children’s contact with their father.

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Final decision

7. We will not investigate Miss X’s complaint because it is late and there is no good reason to exercise discretion to consider these matters now.

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Investigator's decision on behalf of the Ombudsman