Summary: We will not investigate this complaint about the Council’s decision not to provide overnight care as the complaint relates to events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

The complaint

1. Mr X complains the Council failed to put adequate overnight support in place for his mother, Miss Y. Miss Y passed away overnight. Mr X says this caused a decline in his mental health and he now has Post Traumatic Stress Disorder. Mr X would like compensation and for the Council to take responsibility and issue an apology.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2019, whilst Miss Y was in hospital, Mr X requested the Council complete an assessment of her care needs before she returned home. Mr X requested overnight care for Miss Y due to a previous overnight incident.
6. The Council completed an assessment of Miss Y’s needs but did not provide the overnight care requested by Mr X. Mrs Y passed away overnight in 2019.
7. I have taken into account Mr X’s grief and distress following Miss Y’s death during my assessment, however this is not sufficient reasoning for a four year delay in submitting a complaint. Therefore we will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because it relates to events which took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

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Investigator's decision on behalf of the Ombudsman