Summary: We will not investigate Mr X’s complaint about the actions of the Council’s Early Help Hub in 2021/2022. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, Mr X, complains about the Council’s actions in 2021/2022 in its Early Help Hub’s involvement with him and his child. Mr X says the team’s poor practice failed to identify, act on and prevent the abuse of his child. He says there was institutional gender bias, negligence and poor practice by the team.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about the actions of its Early Help Hub in 2021/2022 and about the significant negative impact this had on him and his child.
8. The Council decided not to investigate Mr X’s complaint because it is about matters that are more than 12 months old; the team complained about no longer exists and the relevant staff have since moved on or left the Council. It explained it could not carry out a fair and thorough investigation due to these factors and the passage of time as it would only have the available records to consider which would not enable it to carry out a proper investigation.
9. We will not investigate Mr X’s complaint. 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. I note Mr X says he did not complain to the Council sooner due to the impact of the matters complained about and I have taken account of this. However, this does not remove the difficulties the Council sets out in being able to carry out a fair and effective investigation into these events now. These would also apply to any investigation by this office and I see no good grounds to exercise discretion to consider this late complaint now.

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Final decision

10. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman