Thurrock Council (21 008 764)

Category : Adult care services > Charging

Decision : Closed after initial enquiries

Decision date : 01 Nov 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how much the Council charged the complainants mother for care it provided in 2017. This is because the events happened too long ago and there are no grounds to exercise discretion to consider them now.

The complaint

  1. The complainant, who I will call Mr X, complains about how much the Council charged for his late mother’s care in 2017.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X’s mother moved into care in August 2017. The Council completed a financial assessment and wrote to Mr X in November 2017. It has subsequently pursued Mr X for payment of the debt since early 2018.
  2. I will not investigate this complaint because the events happened too long ago and I see no reason why Mr X could not have brought her complaint to the Ombudsman sooner.

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Final decision

  1. I will not investigate Ms X’s complaint because the events happened too long ago and I see no reason to exercise discretion and investigate them now.

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Investigator's decision on behalf of the Ombudsman

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