Summary: We will not investigate Ms X’s complaint about the Council’s lack of communication, support and payment for a placement at Ms X’s care home. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Ms X, is a care provider. She complains about the Council’s lack of support and payments for a resident it placed in her care home.

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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 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)
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. Ms X complains about a lack of communication, support and payment by the Council for one of its placements at her care home. The events complained about happened from early 2022 onwards.
8. We will not investigate this complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Ms X was clearly aware of the matter at the time and could have been reasonably expected to have complained to us within the required timeframe. There are no good grounds to exercise discretion to consider it now.

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Final decision

9. We will not investigate Ms X’s complaint because it lies outside our jurisdiction and there are no good grounds to consider it now.

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Investigator's decision on behalf of the Ombudsman