Summary: We will not investigate this complaint about delays in social care provision. Part of the complaint is late and there are no good reasons to consider them now. We cannot investigate the other complaints. Firstly, some concerns relate to the Council’s actions during tribunal proceedings and we are prevent from investigating. The Council has accepted fault for the remaining complaints and provided suitable remedy. We are therefore unlikely to achieve more.

The complaint

1. Mrs X complained the Council:
• Delayed providing social care support,
• Allocated her son, Mr Y’s, case to the wrong service team,
• Carried out unnecessary assessments,
• Changed social workers inappropriately,
• Made corrections and changes to Mr Y’s care reports and plans without approval,
• Failed to act on legal advice and only acted following the Tribunal decision.
2. Mrs X says the Council actions left Mr Y at risk of harm by the delays. She says the situation has caused uncertainty, distress and loss of progress towards independence. She says they have lost trust in the Council.

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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 cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
6. In R (on application of Milburn) v Local Govt and Social Care Ombudsman & Anr [2023] EWCA Civ 207 the Court said s26(6)(a) of the Local Government Act prevents us from investigating a matter which forms the “main subject or substance” of an appeal to the Tribunal and also “those ancillary matters that may fall to be decided by the Tribunal…such as procedural failings or conduct which is said to be in breach of the [Tribunal] Rules, practice directions or directions or that is said to be unreasonable…”.
7. 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

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr Y moved to adult social care in 2022. Mrs X complains on his behalf about the service he has received since moving to adult social care.
11. We will not investigate Mrs X’s complaints about the Council’s actions while a tribunal matter was continuing or the issues with care reports produced for the tribunal. Mrs X could either have brought these to the tribunal’s attention during the proceedings or they are too closely related to matters which were brought to the tribunal.
12. Mrs X brought her complaint to the ombudsman in November 2025. We would not investigate issues that occurred more than 12 months before this unless there was good reason to exercise discretion. I have seen no reason to exercise discretion and therefore we will not investigate complaints about issues that occurred between 2022 and November 2024.
13. The Council accepted fault for delays in providing social care support and direct payments which occurred after November 2024. It offered Mr Y and Mrs X a symbolic payment to recognise the loss of service and distress caused. It also assured Mrs X of the service going forward. We will not investigate these complaints as the Council has offered a remedy which is in line with our guidance. Therefore, further investigation is unlikely to lead to a different outcome.

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Final decision

14. We will not investigate Mrs X’s complaint because she has appealed to the tribunal which prevents us from investigating part of the complaint, part of the complaint is late and the Council has offered a reasonable remedy for the remaining issues.

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Investigator's decision on behalf of the Ombudsman