Summary: We will not investigate this complaint about the Council’s delay in reviewing Mr Y’s care because any injustice is not significant enough to justify our involvement.

The complaint

1. Miss X complains the Council delayed reviewing her late father’s care and did not involve family in decision making, wrongly deciding he had capacity to make decisions.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Miss X.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. In response to Miss X’s complaint, the Council accepted it delayed reviewing Mr Y’s care by five months and confirmed action to prevent recurrence. It is not possible to remedy any injustice to Mr Y now that he has passed and any injustice caused to Miss X is not significant enough to justify our involvement.
8. The Council carried out a mental capacity assessment for Mr Y in 2023 and decided he had capacity to make decisions about his health and welfare. Any complaint about this decision is late. Miss X would have been aware prior to January 2025 that she was not involved in decision making and there is no good reason to exercise discretion to consider her late complaint now.
9. Further, there is not enough evidence of fault in the Council’s decision making to justify an investigation. That Mr Y lacked capacity to decide on property and finance did not mean he lacked capacity to make all decisions. Furthermore, it is not possible to remedy any injustice to Mr Y now that he has passed and any injustice caused to Miss X is not significant enough to justify our involvement.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because any injustice is not significant enough to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman