Summary: We will not investigate Miss X’s complaint about a reference the Council received about her which meant her applications to adopt again in 2019 and 2022 were refused. 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

1. The complainant, Miss X, complains the Council did not investigate a negative reference it received about her which led to her not being able to adopt or foster again in 2019 and 2022.

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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. We will not investigate Miss X’s complaint. It 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. Miss X has clearly been aware of this matter for well over 12 months and the complaint could have been raised to us much sooner. The Council says it last corresponded with Miss X on this matter in 2023. I see no good grounds to exercise discretion to consider this very late complaint now.

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Final decision

7. We will not investigate Miss X’s complaint because it lies outside our jurisdiction 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