Summary: We will not investigate this complaint about the Council’s failure to provide Mrs X with direct payments or to initiate safeguarding in relation to her relative Mr Y. This is because the events complained about took place more than 12 months ago and it would have been reasonable for her to bring this complaint to us at the time.

The complaint

1. Mrs X complained on behalf of her relative Mr Y that the Council failed to provide her with direct payments or initiate safeguarding proceedings when it should have.

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

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My assessment

6. Mrs X is Mr Y’s relative and carer, as he has special needs. She complained to the Council in January 2023 because she was unhappy with the Council failed to assess Mr Y’s needs when he moved in with her in 2016. She said if the Council had taken this action, it would have provided her with direct payments to help take care of Mr Y. She also complained that the Council failed to start safeguarding proceedings in 2021 when Mr X was in a concerning situation.
7. The Council investigated Mrs X’s complaints and partially upheld her complaint regarding assessing Mr Y’s needs. It did not uphold her complaint regarding safeguarding.
8. Mrs X brought her complaint to the Ombudsman as she remained unhappy with the Council’s response. The Ombudsman will not usually exercise discretion to investigate complaints that took place this long ago unless there are good reasons to do so. In this case, it would have been reasonable for Mrs X to bring these complaints to us at the time. Given the length of time that has passed since these events occurred, it would not be a good use of resources to exercise discretion to investigate this case.

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Final decision

9. We will not investigate Mrs X’s complaint because the events complained about took place more than 12 months ago and it would have been reasonable for her to bring this complaint to us at the time.

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Investigator's decision on behalf of the Ombudsman