Summary: We will not investigate Miss X’s complaint that the Council failed to complete timely carer’s assessments and communicate effectively. This is because we could not add to the Council’s investigation.

The complaint

1. Miss X complains the Council did not complete timely carer’s assessments – she had an assessment in 2009 and then in 2024 when it should have taken place yearly.
2. Miss X also complains about the Council’s communication on the matter. She says it did not update her of the outcome of her 2024 assessment or respond to her follow up enquiries.

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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)
4. 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 or continue an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X says she was unaware the Council should have reviewed her carer’s assessment annually until recently. I consider this a good reason to exercise discretion on time.
9. The Council accepts it did not review Miss X’s care needs annually. It carried out a review in 2024 and decided to award her a carer’s payment of £250 to meet her needs as identified at that time.
10. In its complaint response, the Council apologised for not completing regular assessments and for its poor communication. It said it now has a clear system in place to ensure further reviews are completed on time.
11. I appreciate Miss X is unhappy, but we could not add to the Council’s investigation to achieve anything further. I cannot say if the Council would have made the same decisions on any earlier assessments. Therefore, on balance, I am satisfied there is no further injustice to remedy and so I will not investigate Miss X’s complaint.
12. Miss X wrote to the Council with follow up enquiries after receiving its complaint response. She says the Council did not respond to her email. This part of Miss X’s complaint is premature. I consider it reasonable to give the Council the opportunity to investigate and reply. Therefore, I will not investigate.

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Final decision

13. We will not investigate Miss X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman