London Borough of Ealing (23 004 231)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 16 Jul 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint that the Council wrongly placed the complainants’ children on child protection plans in 2020. This is because the issues raised happened too long ago and so the complaint is made late.

The complaint

  1. The complainant, who I will call Miss X, complains that the Council wrongly placed her children on child protection plans in 2020. Miss X says this caused her significant distress which affected her mental health. She also says the actions caused her to miss her mother’s funeral and that she had to pay to stay in a hotel for a month.

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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)

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How I considered this complaint

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

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My assessment

  1. Miss X complained to the Council in 2020 about how it dealt with safeguarding matters relating to her children. The Council responded in May 2020.
  2. The restriction highlighted at paragraph 3 applies to Miss X’s complaint. She has been aware of the issues for which she complains about for over three years, and we would reasonably have expected her to complaint to us sooner. Whilst I do acknowledge that Miss X has faced difficulties with her personal life, I do not consider that this prevented her from raising the matter for more than three years.

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Final decision

  1. We will not investigate Miss X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman

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