Summary: We will not investigate this complaint about the Council’s response to Mrs X’s report of safeguarding concerns at her son’s nursery in 2018 and the accuracy of its more recent assessment of her family. Part of the complaint is late and we cannot achieve the outcome Mrs X is seeking.

The complaint

1. Mrs X complains the Council failed to respond to her concerns over her son’s safety at nursery in 2018. She also complains the Council’s 2023 assessment of her family is inaccurate. She says this has caused her distress. She wants the Council to investigate the nursery incident and correct the assessment.

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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 impact 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 or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 Mrs X’s complaint about the Council’s response to her safeguarding referral in 2018. Mrs X could have approached us sooner. Any complaint about the Council’s actions at this time is late and there is no good reason to exercise discretion to investigate it now.
7. We will also not investigate Mrs X’s complaint about the content of the Council’s recent assessment report. The Council has reviewed its records and said they accurately reflect the discussions held at the time. It has since met with Mrs X and her husband and included their views on the assessment in its records.
8. We will not ask a council to alter or remove content from its records retrospectively. This is because it forms part of the record of the case and shows the basis on which decisions were made. The most we can ask is that a record of the complainant’s view is added to the file. Mrs X and her husband have already set out their views on the accuracy of the Council’s records and assessment and the Council has updated its file to ensure their views are recorded. Our intervention would achieve nothing more.

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Final decision

9. We will not investigate Mrs X’s complaint because part of the complaint is late and we cannot achieve the outcome she is looking for.

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Investigator's decision on behalf of the Ombudsman