Summary: We will not investigate this late complaint about the Council’s adult social care department. There is not a good reason for the delay in the matter being escalated to the Ombudsman.

The complaint

1. Mr and Mrs X, Mr Y’s parents, complained the Council’s adult social care team:
• repeatedly lied;
• repeated assessments unnecessarily;
• made unsuitable suggestions for Mr Y’s care; and
• placed blame on Mr Y for it not offering suitable provision.
2. Mr and Mrs X wanted the Council to listen and to work with the borough council.

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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. 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

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

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My assessment

7. Mr and Mrs X complained to us about events occurring from early 2023 to early 2024. They complained to the Council in February 2024 and the Council sent them a final complaint response in March 2024.
8. The law says we cannot investigate complaints brought to us more than 12 months after the person became aware of the matter, unless there are good reasons for the delay. Mr and Mrs X were aware of the matters they complain about by February 2024 and earlier. They complained to us in March 2025.
9. The Council’s complaint response of March 2024 signposted Mr and Mrs X to us. It explained the timescales within which complaints must be brought to the Ombudsman. Mrs X corresponded further with the Council following that complaint response, and could instead have brought the matter to us. There is not a good reason for the subsequent delay of nearly a further year.
10. Mr and Mrs X have brought complaints to us about further events. Before we can consider a matter, the law says we must give the body the opportunity to consider and respond to a complaint about it. It is open to Mr and Mrs X to use the Council’s internal complaints process for events that occurred after their previous complaint. They may then make a new complaint to us after receiving a final response, or if they do not receive one within 16 weeks of complaining to the Council.

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Final decision

11. We will not investigate Mr and Mrs X’s late complaint because there is not a good reason for the delay in them escalating the matter to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman