Summary: We will not investigate this complaint about the Council’s decisions relating to Mrs Y’s care and the associated charges. Parts of the complaint have already been considered and decided. Other parts are late and there is not a good reason for the delay in Mr X bringing the matter to the Ombudsman.

The complaint

1. Mr X complained about the Council’s involvement in Mrs Y’s (his mother’s) care. He said the Council:
1. wrongly put a care package in place at home and wrongly moved her into a care home, both of which were against her wishes and those of the family;
2. wrongly decided Mrs Y should pay for her care, given that the Council was the decision-maker, and failed to advise she may have been eligible for continuing healthcare funding;
3. failed to inform Mr X, as the person holding lasting power of attorney for property and financial affairs, of the care fees and involving his daughter in decisions, rather than him.
2. Mr X said the stress of the matter contributed to his father’s death, and said his mother paid more fees than she should have. He wanted the Council to refund care fees Mrs Y paid.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. Part a) of the complaint above is a matter we already considered, and we issued a decision saying the complaint was late. The period of home care in question was in late 2021, and Mrs Y moved into the care home in January 2022. I will not reconsider those matters in this decision statement.
7. Parts b) and c) are matters Mr X brought to us in January 2024, and again in June 2024. We could not obtain the necessary information from Mr X in January 2024 and we could not therefore issue a decision at that time, but we have now received sufficient information to do so.
8. These parts of the complaint are also late, even if we consider this complaint as having been received in January 2024. Mr X was complaining about the charges for Mrs X's care in August 2022, but was likely aware of them at an earlier date. The law says people must bring complaints to us within 12 months of becoming aware of the issue, unless there is a good reason. Mr X received a complaint response from the Council in January 2023, after which he could have complained to us. I have considered that he was grieving for parts of this period, however this does not explain the entire length of delay and there is not a good reason for the delay in him bringing the complaint to the Ombudsman.

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Final decision

9. We will not investigate Mr 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