Summary: We will not investigate this complaint about failures in adult social care support and funding during Mr C’s lifetime. The complainant has known about the issues for more than twelve months, and there is no good reason he could not have complained to the Ombudsman sooner.

The complaint

1. Mr B says the Council failed to correctly assess the needs of his relative Mr C. Mr B says this caused distress to Mr B, Mr C and Mr C’s wife (Mrs C), and that Mrs C struggled to support Mr C herself and suffered injury. Mr B says the Council failed to properly assess what Mr C could pay for his care and failed to assess and refer for NHS funding. Mr B says Mrs C overpaid and is due a refund.

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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 issues Mr B complains about were all known about in Mr C’s lifetime. Mr C died in August 2022, so Mr B has known about the issues for more than 12 months. There would be a period after Mr C’s death where Mr B may not have felt able to pursue a complaint. Mr B has had correspondence with the Council about these matters over the last few years, but he did not bring his complaint to the Ombudsman until May 2024. This is at least 20 months after knowing of the issues.
6. I can see no reason that prevented Mr B from complaining to the Ombudsman within 12 months of the issues he is concerned about.

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Final decision

7. We will not investigate Ms B’s complaint because it is a late complaint in accordance with paragraph two.

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Investigator's decision on behalf of the Ombudsman