Summary: We will not investigate this late complaint about the Council’s involvement in Ms Y’s move into a care home. There is not a good reason for the delay in the matter being brought to the Ombudsman.

The complaint

1. Mrs X complained about how the Council handled her mother’s (Ms Y’s) move into a residential home. She said it did not properly assess Ms Y or come to best interests decisions, and simply closed the case on the assumption Ms Y would receive NHS funding. Mrs X said she has been caused distress and inconvenience. She said Ms Y has also incurred costs due to the Council’s failure to represent her in the NHS funding process. She wanted the Council to acknowledge fault and put service improvements in place.

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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. The complaint Mrs X has brought to the Ombudsman is about events that took place in January 2023. The Council’s record of a meeting held in January 2023 show it was decided Ms Y would not be eligible for NHS funding. The Council closed the case, recording Ms Y would fund her own care.
6. Mrs X complained to the Council in May 2023 and received its complaint response in June 2023, signposting her to the Ombudsman.
7. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons. Mrs X was aware of the issues she complains about by January 2023. She brought her complaint to us in April 2024, ten months after receiving the Council’s complaint response. There is not a good reason for this delay and we will not therefore investigate this late complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman