London Borough of Hammersmith & Fulham (24 011 286)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 12 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about information the Council holds about him which he says is incorrect and was forwarded to the NHS. The complaint lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.
The complaint
- The complainant, Mr X, complains about incorrect information the Council holds about him which has been forwarded to the NHS. Mr X became aware of the matter in 2018 and first complained to the Council about it in 2019.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint relates to a matter that arose in 2018. Mr X first complained to the Council about it in 2019. In 2024, Mr X asked the Council to consider the matter again as he said he had further evidence he wanted it to consider. The Council told Mr X it would not consider the matter further now.
- The complaint lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X has been aware of this matter for over 5 years and says he has been complaining to the Council about it continuously since it arose in 2018. I see no good reasons to exercise discretion to consider it now, over 5 years later.
Final decision
- We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and there are no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman