Summary: We will not investigate Ms C’s late complaint about the actions of the Council in 2018 and its decision to stop her care package in 2019. This is because Ms C could have come to us sooner if she was unhappy with the Council’s decision not to provide her with care.

The complaint

1. Ms C complained the Council decided in 2018 to withdraw her care package in February 2019 and, since then, she has not been out unless accompanied by a friend and had not eaten a hot meal until last year when she borrowed money to purchase an air fryer and multi-cooker. Ms C says the Council should apologise and compensate her for the lost services.

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The Ombudsman’s role and powers

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

3. I considered the information and documentation Ms C provided. I sent Ms C a copy of my draft decision and considered her comments on it.

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What I found

4. Ms C complained to the Council in January 2020 following its decision to withdraw care and support in February 2019.
5. The Council responded to Ms C’s complaint in February 2020. It says Ms C received support from Life Choices until it gave notice in 2018. It says the Crisis Team provided care but said Ms C could manage her own personal care needs and withdrew support. It says it gained information from the Community Mental Health Team (CMHT) who confirmed Ms C could manage her medication with an alarm to remind her to take it. The Council says it offered to provide a medication dispensing unit but Ms C declined this. The Council referred Ms C to the Enablement Team who said Ms C did not meet the criteria for self-care support as she could manage her own care. The Council says grab rails were discussed and it informed Ms C’s GP that she had refused the dispensing unit to assist her with the taking of her medication.
6. Ms C complained to the Council in January 2020 and received a response in February 2020. Ms C says she felt she had taken all the correct steps before coming to the Ombudsman including asking for a resolution meeting which did not happen.
7. Ms C could have come to the Ombudsman in 2018 when she knew the care was to cease or 2019 when it had ceased. There is no good reason for the Ombudsman to investigate this late complaint now.
8. If Ms C’s care needs have changed since 2019/20 she will need to let the Council know and ask it to undertake a reassessment to be able to determine whether she has current eligible care needs under the Care Act 2014.

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Final decision

9. We will not investigate this complaint. This is because Ms C could have come to us sooner if she was unhappy with the Council’s decision not to provide her with care.

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Investigator's decision on behalf of the Ombudsman