Summary: We will not investigate Ms X’s complaint that the Council refused to carry out an adult social care assessment before a financial assessment had been completed. The complaint is late.

The complaint

1. Ms X who works for a firm of solicitors, complained on behalf of Mr Z that the Council would not assess Mr Z’s care needs until it had completed a financial assessment for him.
2. Ms X said the Council’s acts are contrary to the Care Act 2014.

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The Ombudsman’s role and powers

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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The law says a person should bring a complaint to the Ombudsman within one year of becoming aware of what happened.
7. Mr Z’s deputy has been aware for significantly longer than 12 months of the issue complained about. I note Ms X states the Council did not respond to a complaint until September 2021, which was over 12 months from when it was made. However, a complaint could have been made to the Council before 2020 or the Ombudsman could have been approached earlier when the Council did not respond in a timely manner. I can see no good reason why this did not happen.

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Final decision

8. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman