Summary: We will not investigate Mr X’s complaint about the Council completing a financial assessment with his late father who lacked mental capacity at the time. This is because it is late and there are no good reasons why he did not complain to us sooner.

The complaint

1. Mr X complained the Council completed a financial assessment with his late father, Mr Y, in 2023 whilst his father had a DoLS (Deprivation of Liberty Safeguards) in place due to him lacking mental capacity. It caused Mr X distress. He wants the Council to provide him with its reasons why it completed the financial assessment without including him.

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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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We expect people to complain to us within 12 months of becoming aware of the matter complained of. Mr X complains about the Council completing a financial assessment with his late father in 2023. As this happened more than 12 months ago, we will not investigate his complaint. There are no good reasons why he did not complain to us sooner.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman