Summary: We will not investigate this late complaint about the Council’s decision to move Mr Y to emergency accommodation in 2022. There is not a good reason for the delay in the matter being brought to our attention.

The complaint

1. Ms X complained the Council moved her son, Mr Y, to an unsuitable emergency respite placement without good reason and without her involvement. She says
   Mr Y was placed at risk, and injured himself because the placement did not meet his needs. She says the matter caused significant distress and Mr Y needed an operation due to his injury. Ms X says she also went to time and trouble in chasing the Council. She wants it to make service improvements.

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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. Mr Y moved into emergency accommodation in summer 2022. Six days after he moved into the accommodation, he injured himself and required medical treatment. Ms X says this was because of the unsuitable accommodation.
6. Ms Y complained to the Council in November 2023. The Council said it would not investigate the complaint because it was too late. Ms X explained Mr Y more recently became aware his scars from the injury would be permanent, and said this caused him significant distress that she could not have been aware of sooner. She explained she had waited until Mr Y moved into alternative accommodation before deciding to pursue a complaint about the matter. She also said due to the importance of the matter, the Council should exercise its discretion to investigate the complaint. She complained to us in March 2024.
7. I have considered Ms X’s reasons for the delay in raising a complaint. Mr Y’s injury occurred in mid-2022, and Ms X knew at that time the accommodation was not what she would consider suitable. Despite not knowing the full extent of the consequences of events until later, there was sufficient reasoning at the time to raise a complaint about the matter.
8. Ms X says Mr Y stayed in the accommodation longer than expected. Had she complained at the time, this could have led to Mr Y moving to different accommodation sooner. It was not necessary to wait until Mr Y had moved out of the accommodation before pursuing a complaint.
9. The importance of a complaint, or how likely it is we would find fault causing injustice, is not relevant to our consideration of whether we should exercise discretion to investigate a late complaint. Our Guidance on Jurisdiction explains the relevant factors to consider, namely whether it was reasonable for the complainant to complain within 12 months. I am satisfied in this case that it would have been reasonable for Ms X to complain to the Council and us sooner, and so we will not now investigate this late complaint.

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Final decision

10. We will not investigate Ms X’s late complaint because there is not a good reason for the delay in complaining.

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Investigator's decision on behalf of the Ombudsman