Summary: We will not investigate this complaint about how the Council dealt with him and his mother whilst his mother was in care. This is because this is a late complaint and there are no good reasons for us to investigate now.

The complaint

1. Mr X complains the Council failed to involve him in decisions about his mother’s care and that he was prevented form seeing her. Mr X says the Council also said it would oppose any application to the Court of Protection for him to act on his mother’s behalf. Mr X says the Council’s actions put his mother at risk and have led to a dispute between family members about his mother’s estate.
2. Mr X says the Council’s actions have left him feeling distressed.

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The Ombudsman’s role and powers

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. The issues Mr X raises date back over a number of years. Mr X’s mother passed away in May 2020.
8. Mr X complained to the Council about issues relating to his mother’s care in February 2021 and the Council responded in May 2021 and said he could come to the Ombudsman. Mr X complained to the Ombudsman in November 2021.
9. This is a late complaint. Mr X did not complain to the Ombudsman about what happened until 18 months after his mother passed away. Mr X was aware he was unhappy with the Council’s actions between 2018 to early 2020 and he could have raised a complaint sooner.
10. We have discretion to set aside restrictions relating to late complaints where there are good reasons. Whilst there appears to be delays in the Council responding to Mr X’s subject access request it is not necessary for Mr X to obtain information from the Council before coming to the Ombudsman. He was informed of his right to come to the Ombudsman in May 2021. I cannot see why he could not have complained sooner.
11. I also understand that Mr X would have been distressed following the loss of his mother and that the Covid-19 pandemic may have impacted on his ability to raise a complaint sooner. However, I cannot see why it took Mr X a further six months to come to the Ombudsman after the Council advised him of his right to complain to us. Therefore, there is no good reason to exercise discretion to consider this complaint.

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Final decision

12. We will not investigate Mr X’s complaint because it is a late complaint and there are no good reasons to exercise discretion to look at it now.

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Investigator's decision on behalf of the Ombudsman