Summary: We will not investigate this complaint about Mr Y’s adult social care. Part of the complaint is late. Another part relates to functions of the NHS rather than the Council, and there is insufficient evidence of fault in the Council’s actions relating to NHS functions. The Council has agreed to take early action to remedy injustice arising from fault we would likely find if we investigated the remaining complaints, and it is therefore not proportionate to investigate further.

The complaint

1. Ms X complained the Council failed to provide sufficient care for her brother,
   Mr Y. She said the Council ignored recommendations for dressing changes, compression therapy and wound care, and says Mr Y’s condition subsequently worsened. Ms X said the Council also failed to properly consider her complaint.
2. Ms X said the matter caused her significant distress. She wanted the Council to provide proper care and transfer Mr Y to a residential home. She wanted it to also provide an updated care and support plan and make service improvements.

Back to top

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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
5. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

Parts of the complaint that are late

9. Ms X’s complaint was partly about the Council’s assessment between late 2023 and early 2024. The law says people must complain to us within 12 months of becoming aware of the matter, unless there is a good reason.
10. Ms X complained to us at the end of January 2025, more than 12 months after the Council had issued Mr Y’s previous care and support plan. In the meantime, Ms X raised several concerns relating to NHS services, but did not raise further concerns with the Council about Mr Y’s care and support until November 2024.
11. There is not a good reason for the delay in Ms X bringing events of late 2023 and early 2024 to us, and we will not now consider this part of the complaint.

Parts of the complaint that are about NHS functions

12. Ms X’s complaint was partly about the Council’s response to recommendations for dressing changes, compression therapy and wound care.
13. Ms X provided us a timeline of events which showed the Council signposted
    her to the district nurses several times between January and November 2024. The NHS is the body responsible for Mr Y’s health needs. Ms X says there was insufficient coordination between services. However, there is insufficient evidence of fault in the Council’s actions.
14. Ms X says when she raised these matters with the relevant NHS services no change occurred. The actions of NHS departments are not administrative functions of the Council. It is open to Ms X to raise such complaints via the NHS complaints process and the Parliamentary and Health Services Ombudsman if necessary.
15. There is insufficient evidence of fault in the Council’s involvement in this respect, to justify investigation by the Ombudsman.

Other parts of the complaint

16. The Council accepts there was a delay in it acting on Ms X’s request of November 2024 to review Mr Y’s needs. The review it subsequently carried out resulted in an increase in Mr Y’s care package from 19.25 to 28 hours weekly.
17. If we were to investigate this complaint, it is likely we would find fault causing
    Ms X and Mr Y injustice. Mr Y experienced a seven-week delay in additional support being agreed, which may have caused him some distress and risk of harm. Ms X experienced frustration.
18. The Council has already apologised to Ms X for this delay, which I have taken into account when considering any injustice we may decide were remaining if we investigated this complaint.
19. I asked the Council to consider taking early action to remedy the injustice caused by fault that we would likely find if we investigated the complaint further. I considered our Guidance on Remedies and asked the Council to consider paying a symbolic amount to both Mr Y and Ms X.
20. The Council has agreed, within one month of my decision, to pay Mr Y £525 and pay Ms X £150. Given its agreement to take this early action, it is not proportionate for us to investigate the matter further as I am satisfied the action the Council proposes to take is sufficient to remedy the remaining injustice it is likely we would identify. It is not a good use of public resources to investigate complaints about complaint processes alone so we will also not investigate that complaint.
21. The Council more recently reviewed Mr Y’s support and accepted he now requires a nursing home placement. I have not considered the Council’s actions after January 2025, which is when Ms X complained to us. Should Ms X have any further complaints about subsequent events, she should firstly raise them with the Council and then us if necessary.

Back to top

Final decision

22. We will not investigate Ms X’s complaint because part of it is late, part of it is about NHS functions and the Council has agreed to take early action to remedy remaining injustice we would likely identify if we investigated other parts of the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman