Summary: We will not investigate this complaint about lack of care and support provided to Ms B between 2019 and 2021. This is because the complaint is late. Ms B could have come to us sooner if she was concerned about what happened during this time. The Council has responded to Ms B’s recent complaint and further investigation by us could not add to the Council’s response.

The complaint

1. Ms B complained she has wasted her own money paying for care over the past three years and she has been denied opportunities other people have. Ms B says she needs a support worker to take her into the community for job training, shopping, appointments and help with grants.

Back to top

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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms B received a response to her complaint in October 2021 about direct payments, help enabling her to access the community, paying privately for assistance with cleaning and household tasks which she believed should have been provided through direct payments, and disability discrimination. The Council found no evidence of Ms B being discriminated against. It confirmed staff had followed correct policies and procedures and statutory obligations. It says it offered assessments in line with the Care Act and provided services to meet identified unmet eligible care needs. It says Ms B chose to cancel services, declined a reassessment of her needs, and declined adaptations to her kitchen. It confirmed Ms B has capacity to make these decisions and her wishes have been respected. It advised Ms B of her right to come to the Ombudsman if she was unhappy with the Council’s response.
7. Ms B did not come to us but complained again to the Council in October 2022 about the same matters and her view that her health was deteriorating because of the discrimination she receives from the Council. The Council explained it had previously considered her complaints and referred her to the Ombudsman in October 2021.
8. Ms B was advised to come to us in 2021 when she knew of the matters complained about and there is no good reason for us to exercise our discretion to investigate this late complaint now.
9. Ms B raised further concerns in her complaint to the Council in October 2022. Ms B complained about her care package and direct payments. The Council says it held a professionals meeting in November 2022 to discuss Ms B’s care package and conducted a home visit with a Social Worker and Direct Payments Officer. The Council says there have been several discussions with Ms B about the Direct Payment process, the need for personal assistants, for relevant insurance and the need for a specific bank account. Ms B said she wanted to proceed with Direct Payments in December 2022. The financial assessment took place in January 2023. Ms B asked the Council to look at her expenditure again due to her care needs. The financial assessment team requested Ms B send it the records of the expenditure she wanted included in the financial assessment so it to be considered. The Council says the Direct Payment officer visited Ms B in January in order to proceed with the assessment.
10. If Ms B remains unhappy with the way the Council has considered her expenditure she will need to raise a formal complaint with the Council in the first instance. If she remains unhappy with the Council’s response it will refer her to us as it did in 2021. Ms B can then come back to us within 12 months of the issues being known in order for us to consider them.

Back to top

Final decision

11. We will not investigate Ms B’s complaint because she could have come to us sooner. Further investigation could not add to the Council’s response.

Back to top

Investigator's decision on behalf of the Ombudsman