Summary: We will not investigate X’s complaint about the Council’s decision not to proceed with an investigation into what happened to them while they were in care 20 years ago. The complaint lies outside our jurisdiction because it is late and there are no grounds to exercise discretion to consider it now.

The complaint

1. X complains the Council has failed to take their concerns seriously. The Council placed X in a children’s home when they were ten years old, 20 years ago. X says they experienced abuse and ill treatment while and the children’s home. X believes the Council should investigate their concerns to help them understand what happened.

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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)
4. 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)

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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. X is currently in prison. They contacted the Council in Summer 2022 to raise concerns about the ill treatment they experienced whilst placed in a children’s home when they were ten years old.
8. The Council considered whether it could investigate X’s concerns under its non-recent abuse procedure. The Council undertook a review of the records it held for X and met with them to try and establish the nature of their concerns and when these occurred.
9. The Council ultimately concluded that it did not have enough information to continue its investigation into X’s concerns. It explained it would give X access to their care records to view in person when they are released from prison.
10. The Ombudsman expects people to complain to us within twelve months of them becoming aware of a problem. This is so we have the best opportunity of reaching robust, evidence-based decisions.
11. I understand X may not have been able to complain to us or the Council when the events at the heart of their complaint took place. But some of the events date back 20 years. This complaint is therefore late and so we will not investigate. But even if we were to set aside the time issue, we would not investigate for the following reasons:
• It would be impossible to establish with confidence what happened so long ago and to gather enough evidence to reach a sound judgment.
• X’s complaint includes allegations of crimes which are matters for the police.
12. The lack of clarity around the nature and timing of X’s concerns has meant there was no realistic prospect of the Council being able to carry out a meaningful investigation of events to reach a fair and sound view on the matters complained about. We would be in a similar position as the Council if we decided to investigate X’s concerns now. In addition to this, changes in staff, policies, guidance and legislation since these events would further impact on our and the Council’s ability to carry out a meaningful investigation 20 years after the events.

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Final decision

13. We will not investigate X’s complaint because it is late and there are no good grounds to exercise discretion to consider it now for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman