Summary: We will not investigate this late complaint about the Council’s assessment of Mr X’s father’s needs. There is not a good reason Mr X did not complain to us sooner.

The complaint

1. Mr X complained the Council failed to carry out care assessments and reviews properly for his father Mr Y, it did not safeguard him or promote his wellbeing, and breached his human rights by not allowing him contact with his family in his final months. Mr X says these issues contributed to Mr Y’s death. They also caused
   Mr X significant stress and anxiety. He wants answers and accountability.

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

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My assessment

5. Mr X’s complaint concerns his father’s (Mr Y’s) assessments and care from 2018 to 2020. Mr Y passed away in April 2020. Mr X complained to the Council in February 2021 and it sent a final response to Mr X in July 2021. Mr X contacted the Ombudsman in June 2022, more than two years after Mr Y’s death.
6. We normally expect people to bring complaints to us within 12 months of events. There is not a good reason Mr X did not complain sooner.

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Final decision

7. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing his complaint to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman