Summary: We will not investigate this late complaint from Mrs X about Miss Y’s transition to a new care home, and the lack of contact from her social worker. There is not a good reason for the delay in bringing the matter to the Ombudsman.

The complaint

1. Mrs X complained that her sister’s physical and mental health had deteriorated significantly after she was moved to a new residential care home in January 2022. Mrs X also complained about the lack of involvement of the social worker designated to Miss Y. Mrs X said the Council’s response to her complaint did not satisfactorily address her concerns. Mrs X said the matter caused distress for her, and the opportunity was missed to review Miss Y’s care at a time when she was unwell and deteriorating. Mrs X wants apologies and to meet with the Council.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. The events that caused concern to Mrs X started in January 2022, when Miss Y was moved to a different care home. Mrs X expressed concerns about the management of that transition. There was no contact from the social worker assigned to Miss Y between February and June 2022, during which time Miss Y’s physical and mental health deteriorated. This was the period of most significant concern to Mrs X.
7. Mrs X had a meeting with the Council to discuss her concerns in October 2022. She followed this with a formal complaint to the Council in March 2023. The Council responded to Mrs X’s complaint in June 2023. When Mrs X complained further, the Council sent a second response in September 2023. Mrs X complained to the Ombudsman in January 2024.
8. The law says people should bring complaints to us within 12 months of becoming aware of the matter. The 12-month timescale in this case would have run until June 2023. The complainant says the Council delayed in considering her complaint. However, from the information Mrs X provided, there were periods where she did not expedite the matter, for example a five-month period between the meeting of October 2022 and her formal complaint of March 2023, and a four-month period between receiving a final complaint response and bringing the matter to us. The complaint is therefore late and there is not a good reason for us to investigate it.

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Final decision

9. We will not investigate Mrs X’s late complaint because there is not a good reason for the delay in bringing the matter to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman