Summary: We will not investigate Miss X’s historic complaint about the Council’s actions in the mid-1990s. The complaint lies outside our jurisdiction because it is late and there are not good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council failed in its duty of care towards her between 1994 and 1997 when she was a child. Miss X says this has had a significant impact on her adult life.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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. Miss X complained the Council failed in its duty of care towards her when she was a young child living with her father and brother between1994 and 1997.
8. The Council told Miss X it would not investigate her complaint because, due to the significant passage of time of more than 25 years, it would not be possible for it to carry out a fair or meaningful investigation now or reach a sound view on the issues Miss X raised. It also considered Miss X could have raised her concerns sooner. Further to this, gaps in information and changes in legislation would also impact its ability to carry out a thorough and fair investigation.
9. The difficulties the Council sets out in being able to carry out an investigation into this matter now, over 25 years on from the events complained about, also apply to any investigation by this office. I cannot see any realistic prospect of us being able to carry out a meaningful investigation and reach a fair and sound view on the matter now.

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Final decision

10. We will not investigate Miss X’s complaint, which lies outside our jurisdiction because it is late. The matters complained about are historic and there are not good grounds to consider it now for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman