Summary: We will not investigate this complaint about the delay in discharging Mr Z from a care home. The complaint is late and there are no good reasons to exercise discretion and investigate.

The complaint

1. Mr Z says the Council took six months to discharge him from a home following an assessment in 2017. This led to charges of £4,186.99 which he thinks are unfair because he was ready to go home as soon as the assessment was done.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. The events Mr Z is complaining about happened in 2017. His attorneys complained about them in at least December 2018.
7. There is no reason Mr Z or his attorneys could not have complained to us sooner. Therefore, this complaint is late and there are no good reasons for us to exercise our discretion and investigate it now.

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Final decision

8. We will not investigate Mr Z’s complaint because the complaint is late and there are no good reasons to exercise discretion and investigate it so long after the original events.

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Investigator's decision on behalf of the Ombudsman