Summary: We will not investigate this late complaint about Mrs Y’s care. There is not a good reason for the delay in the complaint being escalated to the Ombudsman. Parts of the complaint are about NHS responsibilities and are for the Parliamentary and Health Services Ombudsman.

The complaint

1. Mr X complained the Council failed to provide his mother (Mrs Y) the appropriate therapies to remain mobile after hospital discharge into two care homes. Mr X also complained the Council failed to respond to his attempts to make contact.
2. Mr X said this led to Mrs Y’s deterioration and death. He said this has caused significant distress. He wanted apologies and compensation.

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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 or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of NHS bodies. (Local Government Act 1974, sections 25 and 34(1), as amended)

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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. Parts of Mr X’s complaint are about NHS responsibilities. For example, he complained about:
• a doctor pressuring Mrs Y into agreeing to a Do Not Resuscitate order; and
• a period of care when Mrs Y’s care was NHS funded.
8. These complaints are not matters we can investigate as they relate to NHS responsibilities. It is open to Mr X to escalate these matters to the Parliamentary and Health Services Ombudsman.
9. The remaining parts of Mr X’s complaint are about events between October 2023 and April 2024. Mr X complained to us in May 2025. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there are good reasons. Mr X was aware of the issues at the time of events.
10. I have considered whether there is good reason for the delay in Mr X complaining to us. He submitted a formal complaint to the Council in August 2024 and the Council responded, signposting him to the Ombudsman, in November 2024. It was open to Mr X to begin his complaint to the Council four months earlier. It was then reasonable for him to escalate the complaint to us on receiving the Council’s response to his complaint. He complained to us six months later. There is not a good reason for the delay and we will not now consider these late matters.

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Final decision

11. We will not investigate Mr X’s complaint because it is about matters that are late, and about NHS services and responsibilities.

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Investigator's decision on behalf of the Ombudsman