Summary: We will not investigate this complaint about the Council’s delays in Care Needs Assessments. This is because part of the complaint is late and there is no good reason to investigate now. Further investigation of the remaining complaints would not lead to a different outcome.

The complaint

1. Mr X complained the Council has delayed carrying out an assessment of his health care needs.
2. He says this has prevented him from receiving the support he needs.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X contacted the Council in autumn 2023 to ask for a care assessment. The Council carried out its assessment in spring 2024 and he was referred to another service. In summer 2024 he asked the Council for a follow up assessment. The Council offered two assessments which Mr X declined.
9. Mr X asked the Council for another assessment in early 2025. The Council carried out the follow up assessment in summer 2025. This included a financial assessment, which concluded he would need to pay for his care. Following the assessment Mr X has not taken further action to arrange care through the Council.
10. Mr X complained to the Council about the delays in his assessment. The Council accepted there had been delays and offered Mr X a symbolic payment to recognise the inconvenience and distress caused.
11. We will not investigate Mr X’s complaints about delays. This is because any complaint about delays in the assessments carried out in 2024 are late and there is no good reason Mr X could not have complained sooner. Further, the Council has offered a remedy to him for the delays caused. This offer is in line with the Ombudsman’s guidance on remedies and as such it is unlikely we would achieve a different outcome if we were to investigate the remaining complaints.

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Final decision

12. We will not investigate Mr X’s complaint because part of his complaint is late and the Council has offered an appropriate remedy for the remaining issues.

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Investigator's decision on behalf of the Ombudsman