Summary: We will not investigate this complaint about the Council’s response to an injury to Miss X’s child’s wrist when in foster care. The matters complained of happened before 2022 and Miss X would have become aware of the injury during contact sessions. She could have complained to us sooner and there is no good reason to exercise discretion to investigate this matter now.

The complaint

1. Miss X said the Council failed to tell her about or to investigate an injury to her child’s wrist when in foster care that has left a significant scar.

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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 has done. (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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X stated the injury to her child occurred in foster care. The complaint correspondence shows this was between late 2020 and late 2021. Assuming the Council did not let her know immediately, it is still likely that she would have found out about the injury in 2022 at the latest. This is because there were contact sessions, the injury was in a visible place, and Miss X said it left a significant scar. Miss X could have approached us much sooner.

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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 investigate this late matter now

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Investigator's decision on behalf of the Ombudsman