Cornwall Council (25 008 934)

Category : Adult care services > Assessment and care plan

Decision : Closed after initial enquiries

Decision date : 26 Nov 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about his daughter’s social care. The Complaint is late and there are no good reasons to investigate now.

The complaint

  1. Mr X complains the Council incorrectly assessed his daughters social care needs. Mr X says he is his daughter’s carer and that the Council has not properly considered respite care in its assessment.

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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 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 the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In 2023 the Council completed a needs assessment and financial assessment for Mr X’s daughter.
  2. Mr X complains the Council did not agree to respite care outside the home. Mr X says he cares for his daughter in the home and doesn’t require further help in the home but does need respite so he can have breaks.
  3. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X has been aware of the Council’s needs assessment and financial contribution calculation since 2023 but did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.

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Final decision

  1. We will not investigate Mr X’s complaint. The Complaint is late and there are no good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman

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