Summary: We will not investigate Ms X complaint about the Council’s handling of her mother’s care and support needs. This is because an investigation would not lead to any worthwhile outcomes.

The complaint

1. Ms X complains about the Council’s handling of her mother’s care and support needs. She says there was delay in the Council completing a care assessment and a continuing healthcare (CHC) assessment. She also complains the Council failed to complete a carer’s assessment for her.

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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’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Ms X complaint is about matters that happened in 2022. She received a final complaint response from the Council in November 2023.
7. I note Ms X’s mother, Ms Z, passed away in late 2023. I understand Ms X was likely grieving and this was a possible reason for why she took so long to complain to us. Therefore, I have decided to exercise discretion to consider the late complaint.
8. During its complaint response, the Council accepted there was a slight delay in the care assessment being completed for Ms Z. The Council confirmed the referral for the care assessment was made in May 2022 and the assessment not completed until early July 2022. However, the delay was due to the planned visit to complete the assessment being cancelled by Ms X. Therefore, an investigation is not justified as we are not likely to find fault.
9. The Council confirmed it did not initially arrange any care for Ms Z because she was being fast tracked for CHC funding. However, the Council was later informed in July 2022 that Ms Z was not eligible and so the social worker completed a CHC checklist. The Council was later told Ms Z had been referred to supportive end of life service and that the CHC fast tracked paperwork had been completed.
10. The Council accepted its communication with Ms X regarding the CHC process, what was happening, and how decisions on eligibility for CHC are made, was poor. Further, the Council acknowledged that some of the discussions between the Council and the district nursing team should have been held with Ms X instead.
11. The Council also acknowledged it had failed to complete a carer’s assessment with Ms X. However, the Council confirmed it referred Ms X to the carer’s centre and that a starter pack, including carer’s vouchers, had been sent to Ms X.
12. The Council has acknowledged its failings regarding poor communication and not completing a carer’s assessment. The Council has appropriately apologised to Ms X for these accepted faults. I am satisfied an investigation would not lead to any further findings or recommendations.

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Final decision

13. We will not investigate Ms X’s complaint because an investigation would not lead to any worthwhile outcomes.

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Investigator's decision on behalf of the Ombudsman