Summary: We will not investigate this complaint about the Council’s provision of care and support to Mr X and Mr Y. This is because the complaint is late and there is no good reason to exercise discretion.

The complaint

1. Mr X complains on behalf of himself and Mr Y that the Council:
• relied on Mr X as an unpaid carer for four years against his wishes;
• did not support Mr X as a carer for Mr Y, including a lack of carer assessment and respite;
• wrongly made safeguarding enquiries accusing Mr X of neglect;
• unlawfully accessed and shared medical data of Mr Y;
• reduced Mr Y’s care;
• suspended Mr Y’s direct payments for six weeks leaving him without care;
• has not finished adaptations;
• restricted Mr X’s communications on 2 July 2026;
• suspended Mr Y’s direct payments in May 2026;
• failed to make reasonable adjustments in communications with Mr Y;
• handled a July 2026 SAR incorrectly;
• made repeat requests for the same information;
• failed to provide an agreed care plan for Mr Y for approximately nine weeks;
• failed to offer a carer's assessment or review to Mr X since the Council was told of a terminal diagnosis in May 2026 and;
• handled complaints poorly.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
3. 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)
4. 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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Mr X’s complaints that the Council relied on him as an unpaid carer for four years against his wishes, or that it did not support him as a carer. This is because matters arising before July 2025 are late and there is no good reason to exercise discretion. And any new or ongoing matters since then are premature and it is reasonable to allow the Council the chance to investigate and respond to any complaint raised.
8. I cannot investigate Mr X’s complaints that the Council wrongly made safeguarding enquiries accusing Mr X of neglect, or unlawfully accessed and shared medical data of Mr Y. This is because the Ombudsman has previously considered and decided on these complaints.
9. I will not investigate the remaining complaints because they are premature and it is reasonable to allow the Council the chance to investigate and respond to any complaint raised. I note the Council had a meeting with Mr X and his solicitor in June 2026. And in July it updated Mr X that it was awaiting further communication from his solicitor on new or ongoing matters.
10. I will not investigate complaint handling alone. It is not a proportionate use of our resources when I am not investigating the substantive issues.

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Final decision

11. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman