Kent County Council (25 001 965)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 05 Aug 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s failure to properly assess Ms X’s care needs. This is because the complaint relates to events that took place several years ago. There is no good reason to exercise discretion to investigate.

The complaint

  1. Mr X complains on Ms X’s behalf that the Council failed to properly assess her care needs. He said Ms X was placed in an unsuitable nursing home as a result.

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The Ombudsman’s role and powers

  1. 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/care provider 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 Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In November 2024, Mr X complained that the Council failed to properly assess his mother Ms X before placing her in a nursing home that was unsuitable for her needs.
  2. The Council did not uphold his complaint. The Council told Mr X that when it carried out a financial and mental health capacity assessment for Ms X in 2021, it did so with Mr X’s full knowledge and participation.
  3. Mr X brought the complaint to the Ombudsman as he remains unhappy with the Council’s actions. The evidence shows the Council completed the assessments Mr X has complained about several years ago. It would have been reasonable for Mr X to bring this complaint to us at the time. There is no good reason to exercise discretion to investigate these matters now.

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Final decision

  1. We will not investigate Mr X’s complaint because there is no good reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman

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