Essex County Council (25 017 108)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 17 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint that an occupational therapy report completed in 2022 contained inaccurate information. This is because, due to the significant passage of time since the matter complained about, it would not be possible to carry out a full and fair investigation into the matter now.
The complaint
- Miss X complains an occupational therapy report the Council completed in 2022 contained inaccurate information.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council in October 2025, about the matter set out in paragraph one, above.
- The Council told Miss X it would not consider the matter via its complaints procedure because it is about matters that happened over 12 months ago.
- Miss X says she was unable to complain to this office sooner due to undergoing cancer treatment and recovery.
- We will not investigate Miss X’s complaint. This is because, due to the significant passage of time since the matter complained about, it would not be possible for us to carry out a full and fair investigation and reach a reliable view on the matter now over three years after the event complained about. The more time passes between the events complained about and the complaint, the more unlikely it is we can investigate it effectively and reach a sound decision.
Final decision
- We will not investigate Miss X’s complaint because due to the passage of time since the matter complained about it is not possible for us to carry out an effective investigation now.
Investigator's decision on behalf of the Ombudsman