Summary: We will not investigate this complaint about the Council’s occupational therapy assessment. This is because the complaint is late and there are no good reasons why Mr X did not complain sooner.

The complaint

1. Mr X complained the Council’s Occupational Therapy Team did not properly assess his mobility which led to a change in his transfer aids. He said this negatively affected his motor skills and mental health. He wants the Council to accept it was at fault and complete a reassessment of his needs. He also wants the Council to make service improvements to prevent a recurrence of fault.

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The Ombudsman’s role and powers

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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has mobility needs and requires support with transferring from one position to another.
6. In June 2023, the Council’s Occupational Therapy Team completed an assessment of Mr X’s mobility needs and the transfer aids he was using at the time to help him move from one position to another. The Team concluded Mr X’s mobility had decreased and so the transfer aids he was using were no longer suitable for him as they were deemed unsafe. The Team discussed the matter with Mr X and recommended another type of transfer aid for him to use instead which it said was much safer.
7. In August 2023, Mr X complained to the Council. He said the Occupational Therapy Team did not include him in its decision to change his transfer aid and it did not observe him transferring from one position to another. Mr X did not agree with the change the Occupational Therapy Team made.
8. In September 2023, the Council’s Occupational Therapy Team responded to Mr X’s complaint and said its evidence showed staff had included Mr X in the decision to change his transfer aid and staff had also observed Mr X using a previous transfer aid which showed he was no longer able to weight bare.
9. In January 2025, Mr X complained to the Council again about the same matters. The Council explained to Mr X it had previously addressed his concerns. Mr X then brought his complaint to us.
10. We will not investigate Mr X’s complaint. This is because the matter Mr X complains of is more than 12 months old. The complaint is therefore late and there are no good reasons why Mr X did not complain sooner.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint is late and there are no good reasons why he did not complain sooner.

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Investigator's decision on behalf of the Ombudsman