Summary: We will not investigate this complaint about the Council’s alleged failure to carry out a needs assessment for Mr X’s mother Ms Y. This is because the complaint concerns events that took place over 12 months ago and there is no good reason to exercise discretion to investigate them now.

The complaint

1. Mr X complained that the Council failed to carry out a needs and financial assessment when his mother Ms Y was placed in a residential home.
2. Mr X complained that this matter has put him to time and trouble.

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

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My assessment

6. Mr X says after his mother Ms Y was placed in a residential care home; a meeting took place in October 2021 which was attended by a Council social worker. During the meeting the social worker agreed to carry out a needs and finance assessment to determine whether Ms Y’s needs could be met in her current setting.
7. Mr X says he followed this up with the social worker in January 2022 and assumed the assessments had been carried out.
8. In November 2022, Ms Y was admitted to the hospital, and it became apparent she required a nursing home and could not return to the residential home.
9. In January 2023, Mr X complained to the Council about the needs assessment that was not carried out in January 2022 and cited Ms Y’s current condition as proof her needs could not have been met in her previous setting.
10. The Council investigated and apologised that the assessment was not carried out. The Council said the assessment was the NHS’ responsibility and the social worker should have communicated this at the time.
11. Mr X remains unhappy about the situation and wants us to find the Council at fault. The Ombudsman will not investigate complaints about events that the complainant became aware of more than 12 months prior unless there are good reasons to do so. The evidence shows Mr X was aware the assessment had not been carried out at least as early as January 2022 but did not bring the complaint to us until August 2023. I can see no good reason Mr X did not refer the complaint earlier. Given the time that has passed and the likelihood that Ms Y’s needs would have changed during this period, there is no good reason to exercise discretion to investigate this matter.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint concerns events that took place over 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