Summary: Mr X complained about the Council’s delay in carrying out a care assessment for his mother, Mrs Y, which he says led to a decline in her physical and mental health. Mr X says the matter has caused his family distress and frustration and they are being pursued for unpaid care fees. He would like an independent investigation, a financial remedy to cover the cost of Mrs Y’s care fees, and oversight to prevent similar failures in future. We will not investigate this complaint. It is unlikely we would reach reliable conclusions due to the passage of time, or achieve a meaningful outcome for Mr X.

The complaint

1. Mr X complains the Council delayed carrying out a care assessment for his mother, Mrs Y. He says during this period, Mrs Y remained living in a care home which discouraged her recovery and independence and caused her physical and mental health to decline.
2. Mr X says the matter has caused his family distress and frustration and they are being pursued for unpaid care fees.
3. Mr X would like:
• An independent investigation into the Council’s failure to assess Mrs Y’s care needs in a timely manner and provide appropriate care to her.
• A financial remedy to cover the cost of Mrs Y’s care fees.
• Oversight to prevent similar failures in the future.

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The Ombudsman’s role and powers

4. It is our decision whether to start an investigation or whether to only investigate part of a complaint made to us. When someone complains on behalf of a person who lacks capacity, we may decide not to investigate because the passage of time means we are unlikely to be able to reach reliable conclusions and achieve meaningful outcomes. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council, as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Care assessment

7. Sections 9 and 10 of the Care Act 2014 require councils to carry out an assessment for any adult with an appearance of need for care and support. They must provide an assessment to everyone regardless of their finances or whether the council thinks the person has eligible needs. The assessment must be of the adult’s needs and how they impact on their wellbeing and the results they want to achieve. It must also involve the individual and where suitable their carer or any other person they might want involved.

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What happened

8. This is a summary of events outlining key facts and it does not include everything that has happened in this case.
9. Mr X says Mrs Y was placed at the care home in December 2020. The Council says it referred Mrs Y for a care assessment in July 2021, and a social worker was allocated to complete the assessment in August 2021. Mr X says he raised concerns with the Council in 2021. He raised his complaint with the Council in 2023 and brought the complaint to us in June 2025.
10. Mr X says the reason for the delay in bringing the complaint to us is because he tried to resolve matters with the Council first. He said he brought the complaint to us once it became clear he was not reaching a resolution with the Council after raising multiple complaints with it.

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Analysis

11. I have not begun an investigation of Mr X’s complaint. I have set out my reasons below.
12. I consider Mr X could have brought the complaint to us sooner. He says he attempted to resolve matters with the Council first. But I do not consider it should have taken raising multiple complaints to recognise a resolution with the Council could not be reached, and in turn bring the complaint to us. Mr X could have brought the complaint to us after the Council responded to his concerns and signposted him to our service in 2023. It seems he did not do so until action had been started in relation to the unpaid care fees.
13. Also, the further away in time an investigation takes place from the events to be investigated, the more difficult it may be for us to establish the material facts with reasonable confidence. In older cases we are less likely to be able to gather sufficient evidence to reach a sound judgement. Even if some evidence is available, we need to be particularly careful to ensure it is reliable and provides a full picture.
14. Some of the issues Mr X has raised within his complaint relate to alleged statements made to Mrs Y by the care home manager around the time she was placed in the care home. An investigation is not likely to be able to reach a definitive view, or even a view based on the balance of probabilities, on what may have been said four to five years ago.
15. In older cases it is also likely to be more difficult to achieve a meaningful remedy, given the length of time that has already passed since the original events complained of, the difficulty in establishing causality over longer time periods, and changes in the situation of parties. With the passage of time memories fade, documents may not be readily available, and policies and procedures may have changed. It is also not likely an investigation would achieve a worthwhile outcome. Mr X would like a financial remedy to cover the cost of Mrs Y’s care fees. It is unlikely we would recommend the Council waive all care fees given Mrs Y has received the care.

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Decision

16. We will not investigate Mr X’s complaint. We are unlikely to reach reliable conclusions based on the passage of time, or reach a meaningful outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman