North Yorkshire Council (24 006 141)

Category : Children's care services > Disabled children

Decision : Closed after initial enquiries

Decision date : 29 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to provide support to Mrs X’s daughter. Any complaint about the Council’s actions here are late and there are no good reasons why it could not have been made sooner.

The complaint

  1. Mrs X said that Children’s social care failed to provide effective support and advice to her and her family, including for her daughter (Y), who was then aged 16 years old. Mrs X said now that Y is older and has care and support needs, she would have made different decisions, including for financial provision, had she had proper advice earlier.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)
  3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X said when Y was 16, she approached the Council to ask what type of support and guidance it could offer her and her family, as Y prepared to transition to adulthood.
  2. The Council said between December 2021 and January 2022, a Children and Family Worker (CFW) met with Mrs X and signposted her to additional support. It also said the CFW suggested Mrs X ask for a carers assessment. From the evidence I have seen Mrs X was unable to complete this assessment because Y was under the age of 18 years.
  3. In 2023, Mrs X then subsequently completed an assessment involving the Adult social care team and complained to the Council, saying she should have had available support much sooner.
  4. We will not investigate this complaint because it is late. Mrs X would have been aware there was an issue with the Council’s advice to request a social care assessment in early 2022, when she could not complete the request. I therefore find on balance she could have complained about it then and there are no good reasons why she did not raise it with us, within 12 months of that time.

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Final decision

  1. We will not investigate Mrs X’s complaint, because it is late and there are no good reasons why it could not have been raised with us sooner.

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Investigator's decision on behalf of the Ombudsman

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