London Borough of Lambeth (25 000 388)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 08 Jun 2025

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about Adult Social Care. Mrs X complained about the staff working with her late relative. The complaints are late and there are not sufficient good reasons for the delay in bringing these matters to the Ombudsman.

The complaint

  1. Mrs X complained about poor communication and unprofessional conduct from Council staff working with her late relative, Mr B. She said this impacted the health and wellbeing of her late relative.
  2. Mrs X remains concerned the Council did not address all her complaints.

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The Ombudsman’s role and powers

  1. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
  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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X complained about the Adult Social Care staff supporting her relative between February and November 2023. He sadly died in late 2023.
  2. Mrs X first complained about these matters to the Council in May 2024. The Council did not respond to this complaint until it gave Mrs X a stage one reply, in September 2024. Mrs X made a further stage two complaint to the Council in March 2025.
  3. The law says people must complain to us within 12 months of becoming aware of the matter. I have considered the circumstances of the events relating to Mrs X’s complaint, including the Council’s delayed response at stage one. However, I am not satisfied these sufficiently explain the delay in Mrs X raising a complaint with us.

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Final decision

  1. We will not investigate Mrs X’s complaint because it is late and the reasons for delay are not sufficiently good enough reasons to exercise discretion to consider the complaint now.

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Investigator's decision on behalf of the Ombudsman

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