Summary: We will not investigate Mrs X’s complaint about delays in assessment and payment of a discretionary carers payment, or her interaction with the Council. This is because part of the complaint is late, and further investigation of the other parts, would not lead to a different outcome.

The complaint

1. Mrs X complained the Council consistently delayed in carrying out her carers assessment and she did not receive a professional service when she raised her concerns. She said the delay and her interaction with the Council has caused a lot of stress. She would like the Council to process her discretionary carers payment in a timely manner and investigate and apologise for the service she received.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X said the Council delayed in carrying out a carers assessment in 2022, which meant that she was not eligible for an assessment in 2023. Mrs X did not complain to the Ombudsman until July 2025. Therefore, this part of the complaint is late and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mrs X to have complained to us about the carer’s assessment sooner.
8. Mrs X applied for a carer’s assessment in April 2024. The Council carried out her assessment in September 2024, and a further assessment in November 2024 which concluded Mrs X was entitled to a discretionary carer’s payment of £400. Mrs X received the payment in February 2025.
9. Mrs X complained to the Council about the delay in assessment and payment of the carer’s allowance.
10. In its complaint response, the Council said it aimed to carry out carers assessments within six months of application. It clarified that any associated one-off discretionary carers payments awarded as a result of the assessment, would be made within the financial year. This was the case in Mrs X’s allowance payment.
11. We will not investigate this part of Mrs X’s complaint. We would not expect it to take six months to complete a carers assessment however, the Council has recognised that there was a backlog of assessments, and has taken steps to address this including recruitment and developing a carers hub to help process assessments. Mrs X has received her 2024/25 financial year payment. The Council has also taken appropriate action to address the backlog of assessments. Further investigation would not lead to a different outcome.
12. Mrs X complained the Council had delayed in carrying out her carers assessment in 2025. Mrs X requested a carer’s assessment in April 2025. In its complaint response, the Council said it advised Mrs X that carer’s assessments were usually undertaken annually, therefore she was not due for a new assessment in April 2025. It also stated it would recommend that clear information was shared with carers about expected timescales for reassessments and payments. There is not enough evidence of fault in how it made that decision to justify our involvement. The Council accepted Mrs X’s request for a carers assessment in July 2025, the assessment was carried out in September 2025 which awarded a discretionary carers allowance.
13. We will not investigate this part of the complaint. The Council completed the assessment and agreed a carers allowance. There was no significant delay in it doing that. Further investigation would not lead to a different outcome.
14. Mrs X also complained about treatment she received during a telephone call with the Council.
15. In its complaint response, the Council stated there was not a recording of the telephone call. The Council said it had investigated the matter by reviewing notes of the call and carrying out a discussion with the member of staff that made the call. It stated it found no evidence of the staff member being rude or abusive. The Council recognised Mrs X had asked the staff member to use her full name during the telephone call. The Council said the staff member had apologised and used Mrs X’s full name for the rest of the call. In its complaint response, the Council stated it had recommended improvements for documentation of decisions to provide clarity if queries arise and for staff to continue to manage difficult conversations calmly.
16. We will not investigate this part of Mrs X’s complaint. The Council investigated the telephone call by reviewing notes and discussing the call with the staff member. There is no recording of the telephone call, therefore, further investigation by us will not lead to a different outcome.

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Final decision

17. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman