Summary: The Ombudsman will not investigate Mrs X’s complaint about charges for her late mother’s care. This is because the complaint is late, and it is unlikely we could add anything to the Council’s response.

The complaint

1. Mrs X complains the Council has wrongly charged for the adult social care her late mother received.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Mrs X says the Council overcharged for her late mother’s adult social care. She says the Council has sent conflicting information about the amount charged and paid. Mrs X’s mother passed away in 2009. The Council says it agreed a final settlement figure with Mrs X in 2015 and wrote off the remaining balance.
6. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. But Mrs X’s complaint relates to care provided at least ten years ago. Mrs X’s complaint is therefore late.
7. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. Mrs X says poor health has prevented her from complaining to the Ombudsman sooner. But Mrs X has been in dispute with the Council for many years. I see no reason Mrs X could have not complained to the Ombudsman much sooner. We will not therefore exercise our discretion to investigate Mrs X’s complaint.
8. Even if we were to investigate, the Council says it no longer holds complete records for the period in question. This, combined with the time that has passed, means it is unlikely we could carry out a meaningful investigation. It is unlikely we could add anything to the Council’s response. An investigation is not therefore appropriate.

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Final decision

9. The Ombudsman will not investigate Mrs X’s complaint. This is because the complaint is late, and it is unlikely we could add anything to the Council’s response.

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Investigator's decision on behalf of the Ombudsman