The Complainant had hoped to get answers about alleged abuse which were said to have occurred whilst they were in council care some 30 years ago.... however the Local Government Ombudsman reportedly rejected the complaint on a number of grounds....
9th Jan 2025
The Local Government Ombudsman is said to have upheld Hartlepool Borough Council’s decision not to investigate an alleged Historical Abuse Allegation dating back over 30 years. The case, brought by an individual referred to as 'Mrs. X' to protect her identity, highlights the ongoing challenges faced by those seeking justice in historical abuse cases, especially those involving public bodies.
The Complaint: A Lifelong Impact
The complaint centres on allegations that Hartlepool Borough Council allegedly failed to protect Mrs. X from severe abuse as a child, starting shortly after her birth in the mid-1980s. Mrs. X claimed the council's decisions at the time 'enabled dangerous adults to mistreat her', resulting in lifelong physical and mental scars. However, when she brought her case to the council back in May 2024, the local council refused to investigate, with Hartlepool Borough council claiming the significant passage of time and a lack of sufficient records to support any meaningful investigation..
Hartlepool Borough Council’s Justification
Under the councils complaints policy, Hartlepool Borough Council typically does not investigate issues raised more than 12 months after they occur. Whilst its claimed there's discretion by the local council to extend this time limit, the council determined that surviving records only going back as far as the early 1990s & were 'too incomplete' to allow a fair and thorough investigation to occur. As a result, the council concluded that discretion could therefore not be exercised in this case.
The council’s stance on the issue has raised questions over whether statutory retention policies and administrative hurdles have effectively denied justice to potential victims of historical abuse.
The Ombudsman’s Role and Decision
With the complaint then referred to the Local Government Ombudsman later in the year, The Ombudsman's investigation agreed with Hartlepool Borough Council’s original decision, stating that Complaints older than 12 months are only considered under exceptional circumstances. Both the council and the Ombudsman are said to rely on case records to assess complaints, and in this instance, the surviving records were either 'incomplete' or 'no longer available' due to statutory retention policies, The Ombudsman therefore concluded that the council acted reasonably and within its discretion.
A troubling picture for victims of Historic Abuse whilst in Council Care !
This decision underscores a troubling issue for victims of historical child protection failures, sparking a national debate that's already reached the halls of Parliament. Many survivors take decades to come forward due to the psychological and emotional toll of their trauma. Yet procedural barriers, such as time limits and document retention policies, have reportedly left countless victims without any avenue for justice.
In Mrs. X’s case, the Ombudsman ruled that the council’s inability to investigate the historic allegation stemmed from the passage of time, & not a dismissal of her allegations. However, this raises significant questions about whether local councils and public bodies should now revise their policies on time limits and record retention & whether exceptions should be made for individuals who've spent much of their young life in council care?
Implications for Hartlepool Residents
For the residents of Hartlepool and beyond, this case shines a harsh light on the limitations of the current system. Whilst it underscores the importance of raising complaints in a timely manner, it also exposes flaws in how councils handle significant cases of historical abuse. The pressing question remains: Are councils truly doing enough to support victims of historic sexual abuse?
A National Debate: Calls for a New Inquiry
The case comes amidst growing calls for a national inquiry into historical abuse cases, as debates in Parliament expose concerns over how successive governments have handled—or even ignored—this issue.
A recent vote in Parliament to establish a new inquiry into the scale of both historical and ongoing abuse was defeated by the Labour Government earlier this week, despite mounting evidence suggesting grooming gangs may have & may still continue to be operating in up to 50 towns across the UK & in some cases, with the knowledge of some local councils, with Reform UK stating that they would pay themselves for a fresh independent inquiry to be undertaken to assess the scale of grooming gangs in the country, with many feeling this is a stark reminder of the need to balance procedural limitations with the pursuit of justice for the victims of historical abuse, especially those who've waited decades for their voices to be heard.