Summary: We will not investigate Mrs X’s complaint because it is late and there are no good reasons why she did not complain to us sooner.

The complaint

1. Mrs X complained the Council delayed finding a placement for her husband, Mr X. It resulted in Mr X remaining at a discharge to assess placement for longer than expected. Mrs X said the care provided to her husband at the placement was poor. The matter has caused her distress. She wants the Council to cancel all outstanding charges and provide her with an apology.

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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)

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How I considered this complaint

3. I considered information provided by Mrs X’s representative and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2023, Mr X was admitted to a discharge to assess residential placement with the expectation of him remaining there for six weeks or when the Council had assessed his long-term care and support needs.
6. Two weeks later, the Council completed an assessment of his care and support needs however, Mr X remained in the placement for longer than expected. Mrs X said this was due to the Council delaying finding an alternative placement for Mr X.
7. As the Council had financially assessed Mr X, he was required to pay a contribution towards his care. The Council therefore presented his family with an invoice of care fees for his discharge to assess placement. Mrs X disputed this as she said because of the Council’s delay, it meant her husband remained longer than necessary at the placement. She also complained the care her husband received at the placement was poor.
8. We will not investigate Mrs X’s complaint. This is because the matters she complains of happened more than 12 months ago and subsequently, paragraph two of this decision statement applies. We expect people to complain to us within 12 months of becoming aware of the matter complained of, unless there are good reasons why the complaint is late. There are no good reasons why Mrs X did not bring her complaint to us sooner.

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Final decision

9. We will not investigate Mrs X’s complaint because it is late and there are no good reasons why she did not complain to us sooner.

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Investigator's decision on behalf of the Ombudsman