Summary: On behalf of his mother, Mr B complains about Council charges for a cleaning service provided to her in 2013. The Ombudsman will not investigate the complaint because it falls outside our jurisdiction as the events complained about happened too long ago to be investigated now.

The complaint

1. Mr B complains that in 2013 his mother, Mrs B, received a cleaning service from the Council which did not deliver what had been planned for and expected. As a result, his mother’s situation in a property overcrowded with hoarded items did not improve. He says the charge levied by the Council should therefore be waived.

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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. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

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What I found

4. Up until 2017 Mrs B lived independently in her own accommodation in which she hoarded items. In 2013 Mr B made progress in bagging up items for removal from her home and, shortly after, and at Mrs B’s request, her social worker arranged for a service to come and remove the bagged items and amassed debris to make the home more habitable. Mr B says the service did nothing but unbag what he had already bagged up and did nothing to help his mother’s situation.
5. In 2017 Mrs B moved permanently into a care home. While up until this time Mrs B had been independent, Mr B began looking after her financial affairs for her. Dissatisfied that the Council was seeking payment for the services provided in 2013, and which he viewed as inadequate, Mr B complained to the Council in 2017.
6. The Council responded and explained that in 2013 Mrs B was deemed to have had capacity to understand what she wanted, that she had requested assistance and had been aware she would have to pay for the service provided. It confirmed it would not waive the outstanding charges and they would have to be paid by Mrs B.
7. Mr B complained to the Council again about the matter in 2019 but it did not change its position.

Assessment

8. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
9. The restriction highlighted at paragraph 2 of the statement applies to Mrs B’s complaint because she was aware of the service provided and the charge imposed by the Council in 2013. Mr B was aware of the matter at the latest by 2017.
10. While Mr B says he did communicate with the Council about the complaint between 2017 and his latest complaint in 2019, I see no grounds which warrant exercising discretion to investigate the complaint now.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it falls outside our jurisdiction as the events complained about happened too long ago to be investigated now.

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Investigator's decision on behalf of the Ombudsman