Summary: We will not investigate this complaint about the Council’s handling of Mr Z’s care assessment as it is out of time and there is no good reason to exercise discretion.

The complaint

1. Mr X complains the Council did not carry out Mr Z’s care assessment properly in December 2021 and provided incorrect information. This meant Mr Z missed out on community support for Mr Z. It also meant Mr X and his partner Ms Y suffered stress, additional strain and costs in caring for Mr Z.

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

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My assessment

5. The Council carried out a care assessment for Mr Z in December 2021. Mr X received a written record of the assessment in April 2022. He was unhappy with the content but felt he would not achieve anything worthwhile by complaining.
6. Mr X contacted the Council again in March 2023 as he and Ms Y were struggling caring for Mr Z. The Council carried out a new care assessment for Mr Z. Mr X was happy with the outcome of this. He then complained the Council did not carry out the first assessment correctly.
7. Mr X has not complained to us within 12 months of the assessment or written outcome. He could have pursued a complaint in time but chose not to do so.

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Final decision

8. I will not investigate Mr X’s complaint because it is out of time and there is no good reason to exercise discretion.

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Investigator's decision on behalf of the Ombudsman