Summary: Ms X complained the Council refused to consider her complaint about her care act assessment and personal budget from 2017. The Council accepted it had not properly considered Ms X’s reasons for not complaining sooner and that she had good reasons. That was fault. The Council has agreed to investigate Ms X’s complaint and to remind staff about properly considering late complaints. We consider this a suitable remedy.

The complaint

1. Ms X complained the Council refused to consider her complaint about her care act assessment and personal budget from 2017. Although she was complaining about events more than 12 months ago, Ms X said she gave good reasons for not complaining sooner and the Council ignored these. As a result, she said she was denied an investigation into her concerns about her care act assessment and personal budget. She wanted the Council to investigate her complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered the information Ms X provided and discussed the complaint with her.
5. I considered the Council’s response to Ms X’s complaint and discussed the complaint with the Council.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Complaints about adult social care services

7. Regulations say complaints about adult social care should be made within 12 months of when the matter happened or when the person complaining became aware of them, if this is later. However, this time limit does not apply if a council is satisfied:
• the person has good reasons for not complaining within the time limit; and
• it is still possible to investigate the complaint effectively and fairly.

(Local Authority Social Services and National Health Service Complaints (England) Regulations 2009, Regulation 12)

What happened

8. Ms X complained to the Council in September 2020, about a care act assessment from 2017, the resulting personal budget and a lack of support. She explained in her complaint that she had not been able to complain sooner because of her health conditions and recovery from a serious illness.
9. In October 2020, the Council declined to consider Ms X’s complaint because it was late. It explained some staff involved had left the Council and it would be difficult to obtain the full facts.
10. Ms X complained to the Ombudsman in April 2021 about the Council’s refusal to consider her complaint.

My findings

11. There was no evidence from the Council’s October 2020 letter that it had considered Ms X’s reasons for complaining late. Although it said some staff had left, councils should keep extensive records about social care and so there should be enough evidence to investigate the complaint effectively and fairly.
12. As part of my investigation, I contacted the Council to ask what consideration it had given to Ms X’s reasons for complaining late. The Council agreed it had not properly considered these reasons and it should have investigated Ms X’s complaint. This was fault which meant Ms X was denied the opportunity for a review of her concerns. The Council said it would now investigate Ms X’s complaint and would also share this learning with staff responsible for considering complaints.

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Agreed action

13. Within one month of my final decision the Council will investigate Ms X’s complaint about the care act assessment, personal budget and lack of support without delay, as it offered.
14. Within three months of my final decision, the Council will remind relevant staff of the need to properly consider whether someone who complains late about adult social care has good reasons and if it is still possible to investigate the complaint effectively and fairly.

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Final decision

15. I have completed my investigation. The Council accepted it had not properly considered Ms X’s reasons for not complaining sooner and that she had good reasons. It agreed to investigate her complaint and to remind staff about properly considering late complaints. This was a suitable remedy.

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Investigator's decision on behalf of the Ombudsman