Westminster City Council (26 012 738)
Category : Adult care services > Assessment and care plan
Decision : Closed after initial enquiries
Decision date : 12 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint alleging Council failings when dealing with his social care needs in 2018 and 2022. This is because the complaint is late and there are insufficient grounds for us to investigate.
The complaint
- Mr X says a 2018 adult social care assessment identified eligible care and support needs, but no budget or support package was provided.
- Mr X also complains that, in 2022, he raised concerns about the conduct of a care worker and the Council failed to provide an agreed email-only reasonable adjustment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X advised his health conditions affected his ability to raise a complaint to us sooner. He also said he only became aware of some contradictions in the Council’s records after he recently reviewed them.
- We do not normally investigate a complaint where someone brings the matter to us more than 12 months after becoming aware of it. The events complained about occurred in 2018 and 2022 and are caught by the time bar on our powers.
- I have considered if there are good reasons to exercise discretion. While Mr X may have identified additional reasons in 2026, he was aware of the underlying issues in 2018 and 2022. The later identification of alleged supporting evidence does not alter the fact that the substance of the concerns was known many years earlier.
- I have noted Mr X’s health conditions and their significance. I have not seen evidence to indicate he was prevented from raising concerns throughout the lengthy period between the events complained about and raising the complaint to us in 2026.
- Therefore, I do not consider there are good reasons to set aside the time restriction on our powers and we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are insufficient grounds to investigate.
Investigator's decision on behalf of the Ombudsman