Summary: We will not investigate this complaint about an assessment carried out in 2019 by an Occupational Therapist. This is because the events happened too long ago, and I see no reason to exercise discretion and investigate them now.

The complaint

1. The complainant, who I will call Mrs X, complains on behalf of her son, who I will refer to as Mr Z. Mrs X complains about an assessment carried out by an Occupational Therapist in 2019. She says the assessment has had a negative impact on Mr Z’s package of care and has caused them both distress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In late 2019, a referral was made for an Occupational Therapist to carry out a manual handling assessment of Mr Z. Mrs X complained to the Council in September 2020 and the Council issued a final response in December 2020, in which it informed Mrs X that she could complaint to the Ombudsman if dissatisfied.
7. I will not investigate this complaint because the assessment was carried out too long ago. Mrs X took almost a year to approach the Ombudsman, after receiving the Council’s final response to her complaint and I see no reason why she could not have done so sooner.

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Final decision

8. We will not investigate this complaint because the events happened too long ago.

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Investigator's decision on behalf of the Ombudsman